If any portion of the approved funding is neither expended nor encumbered by October 30, 2024, the allocation shall be correspondingly reduced, and the funds made available for other eligible State ESG activities and any amendment thereto. In order to ensure compliance with the federal and state regulations concerning timely expenditure of the City’s FY 2024-25 State ESG Grant the abovementioned project shall be completed within the timeframes specified in the Project timeline (Exhibit B).
The Grantee may request an extension for the completion of the proposed scope of work.
The Extension Request may only be approved on a case-by-case basis and only upon written request by submittal of a Request for Extension Form provided by the City of Salinas. Such form shall be completed on the City Data Services (CDS) website at www.citydataservices.net.
Upon written request by Grantee, the Planning Manager may authorize such extension request, provided all HUD, State and City requirements are met. Upon review of the DRAFT
6 Request for Extension form, the Planning Manager will provide a determination in writing to Grantee within fifteen (15) City of Salinas business working days. f. End of Year Reporting and Consolidated Annual Performance and Evaluation Report
At the end of the State Fiscal Year timeframe, Grantees must submit HUD’s required information through SAGE (ESG-CAPER Annual Reporting Tool) and Guide. This information must be prepared using the same methodology as SAGE and must be used with all ESG CAPER Comma Separated Values (CSV) export files. Grantees must submit this information in a timely manner. The reporting for this is explained in the HUD Exchange SAGE webpage.
Reporting may be requested in association regional priorities, such as the Lead Me Home Plan, and/or AE priorities in fulfillment of Key Performance Indicators reporting. g. Budget Modifications: Upon electronic submission of a “Budget Modification Request” by Grantee, City's Planning Manager (Housing Division) may authorize a budget revision.
Any budget revision executed shall not authorize the total compensation to be paid under this Agreement, as so modified, to exceed the amount shown above in Section 4, paragraph b. Such budget modifications shall be completed on the City Data Services (CDS) website at www.citydataservices.net. Because the City has required spending thresholds, any budget modification must be approved by the City in order to ensure the City meets the State’s funding requirements.
h. Unexpended Funds: When a portion of the approved budget amount is not expended or encumbered, as per the approved budget within the Proposal (Exhibit A), the maximum compensation shall be automatically reduced by any unexpended portion unless otherwise indicated, in writing, by City's Planning Manager (Housing Division). Grantees spending rapid rehousing dollars are required to spend all their rapid rehousing funds. Should an agency be at risk to not complete the rapid rehousing obligation of expenditure, the City reserves the right to reassess the grant and possibly de-obligate funding to another agency in order to meet the spending requirements for rapid rehousing. i. Improperly Expended Funds: If City has reason to believe that any funds disbursed to Grantee under this Agreement were not expended in accordance with the terms and conditions hereof, City shall notify Grantee, in writing, of the facts or conduct which warrant(s) such belief and shall provide Grantee reasonable opportunity to demonstrate or achieve compliance with the terms of this Agreement. If Grantee fails to demonstrate such compliance to the satisfaction of City within the time specified, upon request by City, Grantee shall immediately refund to City the amount determined to be improperly expended. Monies refunded must come from non-CDBG resources.
The provisions of this paragraph shall be in effect during the terms of this Agreement and for three years thereafter, or until such time as HUD shall have certified after audit, that all funds disbursed to Grantee under this Agreement were expended in accordance with the terms and conditions hereof. The Grantee would be required to re-pay any improperly spent funds to the City of Salinas.
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7 Section 4A. Non-Entitlement State ESG Program Requirements Grantee shall comply with the following requirements of the ESG Program (24 CFR 576), as applicable and the City of Salinas Housing and Community Service Emergency Solutions Grant Operations Manual.
a. Funding of homeless prevention activities for households that have received eviction notices or notices of termination of utility services shall meet the following requirements:
(i) the inability of the family to make the required payment must be the result of a sudden reduction in income; (ii) the assistance must be necessary to avoid eviction of the family or termination of the services to the family; (iii) there must be a reasonable prospect the family will be able to secure payment within a reasonable period of time; and (iv) the assistance must not supplant funding for pre-existing homeless prevention activities from any other source.
b. Whenever ESG funds are used to perform minor rehabilitation of a structure, said structure must be maintained as a shelter for the homeless for not less than a three-year period.
Whenever ESG funds are used for either major rehabilitation of a structure, or for conversion of a structure for use as an emergency shelter for the homeless, said structure shall be maintained as a shelter for not less than a ten-year period from the completion of the work. For the purpose of this Agreement, "Minor Rehabilitation/Renovation" means rehabilitation that involves costs totaling seventy-five percent (75%) or less of the value of the building before rehabilitation and "Major Rehabilitation" means rehabilitation that involves costs in excess of seventy-five percent (75%) of the value of the building before rehabilitation.
c. Any building in which ESG funds are used for essential services, or payment of operating expenses, must be maintained as a shelter for the homeless or a facility for assisting the homeless for the period during which such assistance is provided. For buildings with multiple tenants, this requirement applies only to the portion occupied by Grantee. d. Any building for which ESG funds are used for renovation, conversion or major rehabilitation must meet federal, state and local government safety and sanitation standards upon completion of work.
e. Homeless individuals and families must be given assistance in obtaining: (i) appropriate supportive services, including permanent housing, medical health treatment, mental health treatment, counseling, supervision, and other services essential for achieving independent living; and (ii) other Federal, State, local and private assistance available for such individuals.
f. Grantee shall develop and implement procedures to ensure the confidentiality of records pertaining to any individual served pursuant to this Agreement and/or provided family violence prevention or treatment services and further to ensure that the address or location of any family violence shelter will not be made public, except with written authorization of the person or persons responsible for the operation of such shelter. g. Grantee shall involve, to the maximum extent practicable, homeless individuals and families in policy–making and general operations such as renovation, operation and maintenance of facilities and the delivery of services.
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8 h. Grantee agrees to participate in the local Continuum of Care's Homeless Management Information System (HMIS) including requirements to collect and report an array of data pertaining to homelessness, including unduplicated counts, the use of services, and the effectiveness of the local homeless assistance system. Communities and homeless assistance providers use the data stored in HMIS to improve homeless assistance programs and better serve homeless persons meeting federal requirements of the Emergency Solutions Grant under the McKinney-Vento Homeless Assistance Act.
All other requirements of the ESG Program per title 24 CFR Part 576.
Section 4B. Other Program Requirements
Grantee shall carry out each activity in compliance with all applicable federal laws and regulations as described below:
Monitoring: City will monitor Grantee to ensure that the ESG funds granted through this Agreement are used in accordance with all program requirements (24 CFR 576 & 24 CFR Part 84, Subpart C, Section 84.51) and to determine if Grantee is meeting its objectives listed in Grantee's Proposal, as submitted to City. Substandard performance as determined by City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by Grantee within a specified period of time after being notified by City, contract suspension or termination procedures will be initiated.
Evaluation: The City reserves the right to survey Grantee’s clients. If the City elects to survey Grantee’s clients, the City will deliver questionnaires to the Grantee and the Grantee will distribute those questionnaires to Grantee’s clients. Grantee’s clients may then remit completed questionnaires directly to the City. The method of return to the City would be clarified during the evaluation process. To maintain Grantee’s protection of client confidentiality, City agrees that client surveys will not contain questions requiring the survey-taker to reveal any personally identifying client data. Following receipt of clients’ completed questionnaires, the City shall forward a summary of the results to the Grantee.
Disclosure of Confidential Client Information: City and Grantee will protect the confidentiality of all records pertaining to any individual served under this Agreement and will protect the disclosure of such documents, except as otherwise required under state or federal law or unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. Grantee expressly acknowledges that City is subject to the California Public Records Act and may, therefore, be obligated to disclose records pertaining to Grantee and its activities and services provided pursuant to this Agreement.
Depending on the nature or timing of the request, or future court decisions, records received by City pursuant to this agreement may not remain private and may be publicly disclosed.
Given the nature of the applicable law under the California Public Records Act, City cannot guarantee or warrant that it will be able to keep submitted records confidential. Grantee therefore agrees to defend and indemnify City against any suit brought under the California Public Records act to obtain the records; otherwise, City shall not be obligated to defend such suit and may release the records.
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9 Section 5. Records and Reports
Grantee shall provide to City's Planning Manager (Housing Division) or his/her designee, a Monthly or Quarterly Activity Report, in a form determined by City, so that City may meet its record keeping and reporting requirements to HUD. These reports shall be due by the tenth day of each month and will reflect the prior month's activities. Such Activity Reports shall be completed on the City Data Services (CDS) website at www.citydataservices.net. As required by City and by HUD, Grantee shall maintain adequate records to support the reported statistics regarding beneficiary characteristics and services provided. Such records shall be made available for inspection by City, HUD or designated agents thereof upon request as specified in 24 CFR Part 576.500, and 576.501. Grantee shall maintain all records required by the regulations specified in 24 CFR Part 576.500, and that are pertinent to the activities funded under this agreement; including but not limited to:
a. records demonstrating that funded activities meet one of the National Objectives of the ESG program;
b. records must include third party documentation of homelessness or have approval from City staff if it is not possible to get third party documentation on some clients; c. records required to determine the eligibility of activities; d. records stating the Grantee’s policies on procedures to document homelessness; e. records documenting compliance with fair housing and equal opportunity components of the ESG program;
f. financial records as required by 24 CFR 576.500 and 24 CFR PART 84.21-28 (Revised 2 CFR, Part 215) agreeing to adhere to the accounting principles and procedures required therein, to employ adequate internal controls, and to maintain necessary source documentation for all costs incurred;
g. records demonstrating client eligibility for services provided (including-but not limited toclient name, address, income or other basis for determining eligibility, and description of service provided) and reports of milestones and schedules of programs as requested, per 24 CFR Parts 84 and 85;
h. other records necessary to document compliance with Subpart K of 24 CFR Part 570; i. the Annual Program Narrative Report due July 31, 2025 (incorporating data on prior year's activities); and
j. performance reports will be provided from the Homeless Management Information System (HMIS) on a quarterly basis to City.
Grantee shall retain all records specified under this Agreement for a period of five years after the expenditures of all funds from the grant under which the last program participant was served.
Section 6: Indemnity; Insurance
Subrecipient shall indemnify, defend and hold City and its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to any DRAFT
10 property, or any violation of any federal, state, or municipal law or ordinance, or other cause in connection with the negligent or intentional acts or omission of Subrecipient, its employees, subcontractors, or agents, or on account of the performance or character of the work, or any other matter arising out of or related to this Agreement, except for any claim arising out of the active negligence or willful misconduct of City, its officers, employees, agents or volunteers.
It is understood that the duty of Subrecipient to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code, and that Subrecipient shall at its own expense, upon written request of City, defend any such suit or action brought against City, its officers, agents, or employees. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Subrecipient from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any such damages or claims for damages.
Subrecipient shall reimburse City for all costs and expenses (including, but not limited to, fees and charges of architects, engineers, attorneys, and other professionals and court costs) incurred by City in enforcing the provisions of this Section.
Subrecipient shall maintain comprehensive general liability and property damage insurance or commercial general liability insurance, covering all operations of the Subrecipient, its agents and employees, performed in connection with the activities conducted under this Agreement, including but not limited to premises and automobiles.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Subrecipients and their Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, on an annual basis.
If the Subrecipient or their Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Subrecipient or Contractor requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance DRAFT
11 proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Subrecipient or their Contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Subrecipient including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Subrecipient or Contractor. General liability coverage can be provided in the form of an endorsement to the Subrecipient or Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
2. For any claims related to this project, the Subrecipient or Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.
4. A copy of the claims reporting requirements must be submitted by Subrecipient or Contractor to the City.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractor’s Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractor’s Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.
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12 Waiver of Subrogation
Subrecipient or their Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Subrecipient agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Subrecipient, its employees, agents and subcontractors.
Subrecipient shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance, in a form satisfactory to City's Senior Human Resources Analyst, by certified mail to the City of Salinas Administration Department, 200 Lincoln Avenue, Salinas, CA 93901 and by Subrecipient uploading the Certificate of Insurance into the City Data Service website at www.citydataservices.net on behalf of the City of Salinas, concurrently with the submittal of this Agreement. A statement on the insurance certificate which states that the insurance company "will endeavor" to notify the certificate holder, "but failure to mail such notice shall impose no obligation or liability to any kind upon the company, its agents or representatives" does not satisfy the requirement of subsection (e) herein.
Subrecipient shall ensure that the authorized representative of the insurance company strikes the above quoted language from the certificate. The insurance certificate shall also state the unpaid limits of the policy.
Subrecipient shall provide a substitute certificate of insurance no later than ten (10) days prior to the policy expiration date. Failure by Subrecipient to provide such substitution and extend the policy expiration date shall be considered a default. In the event Subrecipient is unable to provide a substitute certificate of insurance within the time prescribed in this subsection, Subrecipient shall provide written confirmation of renewal, in a form satisfactory to the City, to act as proof of insurance only until such time as a certificate of insurance has been received by the City.
Maintenance of insurance by Subrecipient as specified in this Agreement shall in no way be interpreted as relieving Subrecipient of any responsibility whatever, and Subrecipient may carry, at its own expense, such additional insurance as Subrecipient deems necessary.
In lieu of providing proof of insurance as required by Section 9(A) through (G) herein above, Subrecipient may provide a letter of insurance to City which represents and warrants to City that Subrecipient is lawfully self-insured with respect to the liabilities which it may incur in the performance of this Agreement and that, to the best of Subrecipient’s knowledge, Subrecipient will be in a financial position to meet such potential liabilities when they occur.
Section 7. Subcontracts
Grantee may contract with one or more third parties (subcontractors) to carry out a portion of the services and program described in the Proposal, insofar as Grantee deems such to be proper and efficient.
Prior to Grantee entering into any agreement for any person or organization to render said services, the Grantee shall obtain written approval from City's Planning Manager (Housing Division). Such subcontracts, together with all other activities by or on behalf of Grantee, shall not require payment in excess of City's portion of the total project budget as stated in Part I, Exhibit A of this DRAFT
13 Agreement. The subcontractor shall be subject to the same terms and conditions that Grantee is subject to under this Agreement and Grantee shall ensure the terms of this Agreement are expressly set forth in any agreements in it may have with any such subcontractors. City shall in no event be liable to any subcontractor or any other creditor of Grantee and shall be liable to Grantee only in accordance with the terms and conditions of this Agreement.
Section 8. Environmental Review (ER)
The environmental effects of the activity or project carried out must be assessed in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321) and the related authorities listed in HUD’s implementing regulations at 24 CFR parts 50 and 58.
No funds may be committed to the activity or project before the completion of the Environmental Review (ER) and approval of the request of release of funds and related certification, except as authorized by 24 CFR Part 58. Grantee shall not commit funding to any property until City staff has approved the ER and has received clearance from the State Historic Preservation Office (SHPO) to commence work (only for properties over 50 years old).
Air and Water: The Grantee agrees to comply with the following requirements insofar as they apply to the performance of this Agreement:
• Clean Air Act, 42 U.S.C. , 7401, et seq.;
• Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder;
• Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended.
Section 9. National Flood Insurance Program
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (Public Law 93-234, 42 U.S.C. 4001). The Grantee shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation) in accordance with the requirements of Section 102(a) of said Act.
Section 10. Lead-Based Paint
Any grants or loans made by Grantee for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of leadbased paint hazards under 24 CFR Part 35 Subpart B and 24 CFR 570.608. Grantee will comply with the requirements of 24 CFR 92.355 for notification, inspection, testing and abatement procedures concerning lead-based paint.
Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with leadbased paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the DRAFT
14 property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted.
Section 11. Amendment
Where it is determined by the Planning Manager (Housing Division) that there is a need to make any change in the project, fiscal procedures, or the terms and conditions of this Agreement (including any changes necessary to comply with changes in Federal, State or local laws or regulations), such change shall be incorporated by written amendment to this Agreement and approved by the Salinas City Council and by Grantee, provided that adjustments in line items within the total approved budget, and minor changes in the nature and scope of services specified in the Agreement, may be approved by the Planning Manager (Housing Division) - any such changes shall be documented in writing.
Section 12. Assignment
There shall be no assignment of rights or obligations under this Agreement without written approval of the Planning Manager (Housing Division). This Agreement restricts the right of the Grantee to assign rights and responsibilities and restricts the right to modify this Agreement.
Written notification requesting reassignment of modifications to effectuate the assignment and the modification of the rights and responsibilities under the Agreement must be requested along with a current copy of the IRS letter regarding tax status on any possible merges. Any changes of this agreement must be signed by the Board of Directors of the Grantee, if a corporation, or the management if not a corporation, and by the City of Salinas.
Section 13. Suspension and Termination
If Grantee materially fails to comply with any term of this Agreement, City may suspend or terminate the Agreement in whole or in part. City may terminate the Agreement for convenience with the mutual written agreement of Grantee. Grantee may terminate the Agreement upon no less than thirty (30) days of receipt of written notice, setting forth the reasons for such termination and the effective date of such termination.
In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports of Grantee, become the property of City and Grantee shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, to the date of termination.
In no event shall any payment by City hereunder constitute a waiver by City of any breach of this Agreement or any default, which may then exist on the part of Grantee, nor shall such payment impair or prejudice any remedy available to City with respect to the breach or default. City expressly reserves the right to demand of Grantee the repayment to the City of any funds disbursed to Grantee under this Agreement, which were not expended in accordance with the terms of this Agreement, and Grantee agrees to promptly refund any such funds upon demand.
Notwithstanding the above, Grantee shall not be relieved of liability to City for damages sustained by City or others by virtue of any breach of the Agreement by Grantee, and City may withhold any payments to the Grantee for the purpose of set off until such time as the exact amount of damages due City from Grantee is determined.
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15 Section 14. Terms and Conditions
This Agreement is subject to and incorporates the provisions attached hereto, and by this reference made a part hereof, which provisions constitute Part II, "Supplemental General Conditions," attached to this Agreement; and/or any written amendment(s) to this Agreement mutually agreed upon by the parties hereto. To the extent that any of the term and conditions of Part I of this Agreement are inconsistent or otherwise in conflict with any of the terms of Part II of this Agreement, the terms and conditions of Part II shall take precedence and apply.
This Agreement and all performance hereunder is subject to the Federal and State regulations pertaining to the ESG Program, and Grantee agrees to comply with all such regulations, which are incorporated herein by reference and made a part hereof, and which are available for inspection at the Housing Division.
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16 PART II - SUPPLEMENTAL GENERAL CONDITIONS
The following conditions take precedence over any conflicting conditions in the Agreement:
Section 1. Program Income
Any income generated by Grantee from the use of ESG funds must be immediately reported as earned and returned to City.
Section 2. Uniform Administrative Requirements
Establishment and Maintenance of Records: Grantee shall comply with the requirements and standards of Federal Office of Management and Budget Circular 2 CFR, Part 230, "Cost Principles for Non Profit Organizations", and 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." 24 CFR Part 84, Subpart C, Sections 84.40 through 84.48 set forth standards for use by recipients in establishing procedures for the procurement of supplies and other expendable property, equipment, real property and other services with Federal funds. These standards are furnished to ensure that such materials and services are obtained in an effective manner and in compliance with the provisions of applicable Federal statutes and Executive Orders. No additional procurement standards or requirements shall be imposed upon recipients, unless specifically required by Federal statute or Executive Order or approved by Office of Management and Budget.
Records shall be maintained in accordance with any other requirements prescribed by HUD or City with respect to all matters covered by this Agreement. Except as otherwise authorized by HUD, such records shall be maintained for a period of five years after receipt of the final payment under this Agreement per 570.502 (a)(16).
Documentation of Costs: All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible to City upon reasonable request.
OMB Standards: Unless specified otherwise within this agreement, the Grantee shall procure all materials, property or services in accordance with the requirements of 2 CFR 200.
Section 3. Title VI of the Civil Rights Act of 1964
No person shall on the grounds of race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the performance of this Agreement.
Compliance: The Grantee agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086.
Grantee shall take reasonable steps to ensure meaningful access to their programs and activities by Limited English Proficient (LEP) persons while not imposing undue burdens on Grantee. Persons who do not speak English as their primary language and who have a limited ability to read, write, DRAFT
17 speak, or understand English can be "limited English proficient," or "LEP." Grantee shall assess its extent of its obligation to provide specialized LEP services using the following four factors:
a. The number or proportion of LEP persons eligible to be served or likely to be encountered by the program or Grantee;
b. The frequency with which LEP persons come in contact with the program; c. The nature and importance of the program, activity, or service provided by the program to people's lives; and
d. The resources available to Grantee and costs of modifying existing procedures.
After performing the four-factor analysis, Grantee is encouraged to document the analysis and outcome and to develop a Language Access Plan (LAP). The LAP identifies Grantee's immediate and longer-term plans for providing language services, which might include identifying LEP individuals who need language assistance, measures by which Grantee's staff will provide language services, how Grantee will train its staff to implement the LAP, providing public notice of the language services Grantee provides, and self-assessment and monitoring by Grantee of its LAP.
Section 4. Land Covenants
This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 99- 352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Grantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use of occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Grantee, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate.
Section 5. Executive Order No. 11063
Grantee shall not discriminate because of race, color, religion, sex, or national origin in the sale, lease, rental, or other disposition of residential property and related facilities, or in the use or occupancy thereof, if property is provided for in whole or in part by a grant of CDBG or ESG funds.
Section 6. Nondiscrimination
No person in the United States shall, on the grounds of race, color, sex, national origin, or religion be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. Additionally, discrimination on the basis of age, under the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.] or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794] and the Americans with Disabilities Act of 1990, shall be prohibited under the performance of this Agreement. Grantee shall comply with regulations found at Title 24, Code of Federal Regulations, Part 8, that complement Section 504 of the Rehabilitation Act of 1973.
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18 The Grantee agrees to comply with the non-discrimination in employment and contracting opportunities, laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable.
a. Fair Housing Act [42 U.S.C. 3601 et seq.]. No person shall, on the grounds of race or color, religion, sex, national origin, familial status, or disability be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. b. Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.]. No person shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement.
c. Section 504 of the Rehabilitation Act of 1973, as amended [29 U.S.C. 794]. No otherwise qualified individual with a disability shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity under this Agreement. (i) A Grantee that employs less than fifteen (15) persons shall:
(a).Take appropriate steps to ensure effective communication with applicants, determine auxiliary aids necessary, adopt and implement procedures to ensure that interested person can obtain information concerning the existence and location of accessible services, activities, and facilities. [24 CFR 8.6]
(b).Evaluate its current policies and practices to determine whether, in whole or in part, they do not or may not meet the requirements of Section 504 and the implementing federal regulations; modify any policies and practices that do not meet the requirements; take appropriate corrective steps to remedy the discrimination revealed by the self-evaluation; maintain on file for at least three years following completion of the evaluation, make available for public inspection and provide to the responsible civil rights official a list of the interested persons consulted, a description of areas examined and any problems identified, and a description of any modifications made and of any remedial steps taken. [24 CFR 8.51]
(ii) A Grantee that employees fifteen (15) persons or more shall implement (i)(a) and (i)(b) above and in addition:
(a). Designate at least one person to coordinate its efforts to comply with the obligations imposed by Section 504 and the implementing federal regulations. [24 CFR 8.53(a)]
(b).Adopt grievance procedures that incorporate due process standards that provide for the prompt and equitable resolution of complaints alleging any action prohibited by the obligations imposed by Section 504 and the implementing federal regulations. [24 CFR 8.53(b)]
DRAFT
19 (c).Take appropriate initial and continuing steps to notify participants, beneficiaries, applicants and employees that the Grantee does not discriminate in admission or access to, or treatment or employment in, its federally assisted programs and activities. [24 CFR 8.54] d. Subtitle A of Title II of the Americans with Disabilities Act of 1990 [42 U.S.C. 12131].
No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity under this Agreement. (i) A public entity that employs less than fifty (50) persons shall:
(a).Evaluate its current services, policies, and practices, and the effects thereof, and to the extent that such do not or may not meet the requirements of Subtitle A and the implementing federal regulations, shall proceed to make the necessary modifications. [28 CFR 35.105]
(b).Make available to applicants, participants, beneficiaries, and other interested persons information regarding the provisions of Part 35 and its applicability to the services, programs or activities of the public entity, and make such information available to them in such a manner as the head of the entity finds necessary to apprise such persons of the protections against discrimination assured them by the Americans With Disabilities Act and Part 35. [28 CFR 35.106]
(c).TDD's (telecommunication devices for the deaf) or equally effective telecommunication systems shall be used to communicate by telephone with individuals with impaired hearing or speech. [28 CFR 35.161] (ii) A public entity that employees fifty (50) persons or more shall implement (i)(a), (i)(b) and (i)(c) above and in addition:
(a). Designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities including any investigation of any complaint alleging noncompliance or any actions prohibited by ADA, make information about designated person available to all interested individuals, adopt and publish grievance procedures providing prompt and equitable resolution of complaints alleging any prohibited action. [28 CFR 35.107] (b).Take appropriate steps to ensure communication with applicants, participants, and members of the public with disabilities are as effective as communications with others, furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, enjoy the benefits of, a service, program or activity, determine what type of auxiliary aid and service is necessary, give primary consideration to the requests of individuals with disabilities. [28 CFR 35.160]
Section 7. Affirmative Action
The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee’s specifications an Affirmative Action Program in keeping with the principles as provided in DRAFT
20 President’s Executive Order 11246 of September 24, 1966. The City shall provide Affirmative Action guidelines to the Grantee to assist in the formulation of such program. The Grantee shall submit a plan for an Affirmative Action Program for approval prior to the award of funds.
Executive order 11625, 12432, and 12138 Women-and Minority-Owned Businesses (W/MBE): Grantee agrees to take reasonable steps to ensure that small businesses owned by women or by racial or ethnic minorities have the opportunity to compete for contracts resulting from this Agreement. The Grantee will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, “minority group members” are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The Grantee may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.
Executive Order 11246 Equal Employment Opportunity and Affirmative Action (EEO/AA statement: The Grantee will, in all solicitations or advertisements for employees placed by or on behalf of the City, state that it is an Equal Opportunity or Affirmative Action employer. Grantee shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, handicap, disability, sexual orientation, ancestry, national origin or any other basis prohibited by applicable law. The Grantee shall take affirmative action to ensure that applicants that are employed and employees are treated during employment without regard to their race, color, religion, sex, age, handicap, disability, sexual orientation, ancestry, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Grantee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause.
The Grantee will, in all solicitations or advertisements for employees placed by or on behalf of the Grantee, state that all qualified applicants will receive consideration for employment without regards to race, color, religion, sex, age, handicap, disability, sexual orientation, ancestry, national origin or any other basis prohibited by law.
Affirmative Outreach
The Grantee will make known that use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. If it is unlikely that the procedures that the Grantee intends to use to make known the availability of the facilities, assistance, and services will be available to reach persons of any particular race, color, religion, sex, age, national origin, familial status or disability who may qualify for those facilities and services, the recipient or subrecipient must establish additional procedures that ensure that those persons are made aware of the facilities, assistance, and services. The Grantee must take appropriate steps to ensure effective communication with persons with disabilities including, but not limited to, adopting procedures that will make available to interested persons information concerning the location of assistance, services, and facilities that are accessible to persons with disabilities. Consistent with Title VI and Executive Order 13166, DRAFT
21 Grantees are required to take reasonable steps to ensure meaningful access to programs and activities for limited English proficiency (LEP) persons.
Section 8. Business and Employment Opportunities for Lower-Income Residents Grantee will conform with the rules and regulations set forth under Section 3 of the Housing and Urban Development Act of 1968, (12 USC 1701u), as amended, and the HUD regulations issued pursuant thereto at 24 CFR Part 135. Grantee is encouraged to the greatest extent feasible, to provide opportunities for training and employment be given to lower-income residents of the City of Salinas, and contracts for work in connection with the Project be awarded to business concerns which are located in, or owned in substantial part by, persons residing in the City of Salinas.
Section 9. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential use for less than eight units, Grantee and all contractors engaged under contracts in excess of $2,000 for construction work financed in whole or in part with assistance provided under this Agreement, shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3, 5, and 5a, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided, that if wage rates higher than those required under such regulations are imposed by State or local law, nothing hereunder is intended to relieve Grantee of its obligation, if any, to require payment of the higher rates. Grantee shall cause or require to be inserted in full in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5. and, for such contracts in excess of $10,000, 29 CFR 5a.3.b.
The provisions of the Davis-Bacon Act, (40 U.S.C. 276a to 276a-5) do not apply to the ESG program.
Section 10. Acquisition and Rehabilitation of Real Property and Displacement of Persons and Businesses
If Grantee causes the involuntary temporary or permanent displacement of any person or business in connection with development of the Project, Grantee shall reimburse City for City's out-ofpocket costs and expenses, if any, related to compliance with 24 CFR 576.408, Policies for Displacement, Relocation, Acquisition, and Replacement of Housing, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended ("1970 Relocation Act"), and, if triggered by 24 CFR 92.353(e), Section 104(d) of the Housing and Community Development Act of 1974, including the costs of all notices, advisory assistance, relocation benefits, and replacement dwelling units as required by the 1970 Act, as amended, and the implementing regulations at 49 CFR Part 24. If triggered by 24 CFR 92.353(e), Grantee shall also reimburse City for City's out-of-pocket costs and expense to comply with Section 104(d) of the Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR 576.408. Grantee hereby agrees to indemnify City from and against, any and all claims and liabilities for relocation benefits required by the 1970 Act or other federal statutes and regulations in connection with activities undertaken pursuant to this Agreement.
Section 11. Conflict of Interest
Interest of Certain Federal Officials: No member of or Delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same.
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22 Interest of Members, Officers, or Employees of City, Members of Local Governing Body, or Other Officials: No member, officer, or employee of City, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. Grantee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purpose of this subparagraph.
Interest of Members, Officers, or Employees of Grantee and Subgrantees: No employees, officer or agent of Grantee or any subgrantee shall participate in the selection, award or administration of a contract in which Federal funds are used, where, to his knowledge, he or his immediate family, partners, or organization in which he or his immediate family or partner has a financial interest or with whom he is negotiating or has any arrangement concerning prospective employment. The recipients' officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors or potential contractors. Any interest on the part of Grantee or his employees must be immediately disclosed to HUD and to City.
The Grantee agrees to abide by the provisions of 24 Section 576.404, ESG Conflict of Interest Provisions, specific to the ESG program; 404(a) organizational, 404(b) individuals and 404(c) contractors, which include (but are not limited to) the following:
1. The Grantee shall maintain a written code of standard conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds.
2. No employee, officer or agent of the Grantee shall participate in the selection, or in the award, or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.
3. No covered person who exercises or has exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the City, the Subrecipient, or any designated public agency.
Section 12. Reversion of Assets
Upon expiration of this Agreement, Grantee shall transfer to the City's ESG fund any unexpended funds and any accounts receivable attributable to the use of ESG funds. Rapid Rehousing funds must be spent within the grant period by the Grantee. Residual assets derived from Grantee's use of ESG funds, such as fixtures and equipment, shall vest with the City upon the end of this Agreement. The City reserves the right to monitor and verify the continued proper management of Grantee's assets derived from ESG funding, if any.
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23 The City is responsible for meeting a 60% expenditure on rapid rehousing dollars and agencies in charge of rapid rehousing dollars must keep track of their spending and ensure their agency meets the rapid rehousing expenditure as proposed in their application.
Section 13. Lobbying Prohibited
No Federal appropriated funds have been paid or will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, Grantee shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
Grantee shall require that this Section be included in the award documents for all sub-awards at all tiers in connection with this Agreement and that all Grantees shall certify and disclose accordingly.
Section 14. Faith-based Activities
Faith-Based Activities Organizations: 24 CFR Part 576, Section 406 states Faith-based activities organizations that are directly funded under the ESG program may not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of the ESG-funded programs or services. If an organization conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded under this part, and participation must be voluntary for the beneficiaries of the HUD-funded programs or services.
Religious Organizations: 24 CFR Part 576, Section 406(c) 576 states a religious organization that receives ESG funds will retain its independence from Federal, State, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its beliefs, provided that it does not use direct ESG funds to support any inherently religious activities, such as worship, religious instruction, or proselytization. Among other things, Faith-based organizations may use space in their facilities to provide ESG -funded services without removing religious art, icon, scriptures, or other religious symbols. A ESG -funded religious organization retains its authority over its internal governance, and it may retain religious terms in its organization's name, select its board members on a religious basis, and include religious references in its organization's mission statements and other governing documents.
Religious Discrimination: 24 CFR Part 576, Section 406(c) 576 states an organization receives ESG funds shall not, in providing that ESG assistance, discriminate against a program participant or prospective program beneficiary on the basis of religion or religious belief.
Grantees. Any sub-recipient of ESG funds provided under this Agreement shall abide by the terms under faith-based activities as described in Title 24 CFR 576.406 with religious activities.
Structures Used for Religious Activities 24 CFR Part 576, Section 406(e) states that ESG funds may not be used for the rehabilitation of structures to the extent that those structures are used for inherently religious activities. ESG funds may be used for the rehabilitation of structures only to the extent that those structures are used for conducting eligible activities under the ESG program.
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24 Where a structure is used for both eligible and inherently religious activities, ESG funds may not exceed the cost of those portions of the rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to ESG funds. Sanctuaries, chapels, or other rooms that an ESG-funded religious congregation uses as its principal place of worship, however, are ineligible for funded improvements under the program. Disposition of real property after the term of the grant, or any change in use of the property during the term of the grant, is subject to government-wide regulations governing real property disposition (see 24 CFR Parts 84 and 85).
Commingling Funds: 24 CFR Part 576, Section 406(f) states that if the recipient or a subrecipient that is a local government voluntarily contributes its own funds to supplement federally funded activities, the recipient or subrecipient has the option to segregate the Federal funds or commingle them. However, if the funds are commingled, Section 24 CFR 576.406 applies to all of the commingled funds.
Section 15. Audits and Inspections
Grantee will, at any time during normal business hours and as often as City, HUD, citizens or the Comptroller General of the United States may deem necessary, make available to City, to HUD, to citizens in accordance with the state, federal, and local law, and to representatives of the Comptroller General for examination of all of Grantee's records with respect to all matters covered by this Agreement, excepting in all circumstances any and all records or materials subject to protection pursuant to California Evidence Code §950 et seq. Grantee shall permit City, HUD, citizens notwithstanding 24 CFR 85.42 (f), and provide citizens with reasonable access to records regarding the past use of ESG funds, consistent with applicable State and local laws regarding privacy, including the attorney-client privilege set forth in California Evidence Code §950 et seq. of confidentiality) and representatives of the Comptroller General to audit, examine and make excerpts, copies or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement in accordance with local, state, and federal laws, but at all times no information otherwise protected from disclosure pursuant to California Evidence Code §950 et seq.
Grantees receiving less than $500,000 a year in Federal Grants are exempt from Federal audit requirements, but Grantees' records, as may be covered by the attorney client privilege, must be available for review upon request by City, HUD, or representatives of the Comptroller General for examination. Grantees receiving $500,000 or more in Federal grants within a fiscal year shall have an audit made in accordance with OMB Circular A-133.
Grantee further represents to City that Grantee, as a non-profit 501(c) (3) law firm, represents clients in confidential attorney-client relationships, and therefore neither Grantee, nor any of its employees, legal or administrative, are mandatory reporters as described in Welfare & Institutions Code Section 15630 and/or are exempted from reporting pursuant to Welfare and Institutions Code Section 15632(b) and shall maintain at all times the confidentiality of Grantee’s clients.
Section 16. HUD Requirements
Unearned or other payments under this Agreement may be suspended or terminated upon refusal to accept any additional conditions that may be imposed by HUD or City at any time, or if the DRAFT
25 grant to City under Title I of the Housing and Community Development Act of 1974, as amended from time to time, is suspended or terminated.
Section 17. Prohibition Against Payment of Bonus or Commissions The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974, as amended, or HUD regulations with respect thereto; provided, however, that reasonable fees for bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs.
Section 18. Copyrights
If this Agreement or its performance results in a book or other copyrightable material, the author is free to copyright the work, but the U. S. Department of Housing and Urban Development and City each reserve a royalty free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, (and to authorize others to use) all copyrighted material and all material which can be copyrighted.
Section 19. Patents
Any discovery or invention arising out of or developed during the course of work aided by this Agreement shall be promptly and fully reported to City for the sole determination by the U. S.
Department of Housing and Urban Development and City as to whether patent protection on such invention or discovery shall be sought and how the rights in the invention or discovery including rights under any patent issued thereon, shall be disposed of and administered, in order to protect the public interest.
Section 20. Political Activity Prohibited
None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Grantee shall comply with provisions of the Hatch Act, which limits political activities of employees.
Section 21. Board of Directors
Grantee shall provide City with information regarding any changes in the Board of Directors or the management of Grantee no later than ten (10) days from the official change.
Section 22. Notices
Any notices under this Agreement shall be sent to the parties by personal delivery, by facsimile, or by certified mail, return receipt requested, postage prepared in the United States Postal Service at the addresses set forth below. Notice shall be deemed effective upon delivery or transmission if delivered or sent by facsimile and on the third (3rd) day after mailing. The parties designate the following names, titles, addresses, and telephone numbers:
DRAFT
26 City:
Planning Manager
City of Salinas
Community Development Department-Housing Division
65 W. Alisal Street, 2nd Floor
Salinas, California 93901
Telephone: 831-758-7334
Grantee:
Downtown Streets, Inc. (DSI)
318 Cayuga St. Suite 208
Salinas, CA 93901
Telephone: (831) 757-2968
Section 23. Legal Representation
Each party affirms that it has been represented by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect.
Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.
Section 24. Joint Representation
The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.
Section 25. Warranty of Authority
Each party represents and warrants that it has the right, power, and authority to enter into this Agreement. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it, and the persons entering into this Agreement for it, to enter into this Agreement.
Section 26. No Waiver of Rights
Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. The failure to provide notice of any breach of this Agreement or failure to comply with any terms of this Agreement shall not constitute a waiver there of. Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or of any other promise. A wavier by City of any one or more of the conditions of performance within this Agreement shall not be construed as a waiver(s) of any other condition of performance under this Agreement.
Section 27. Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.
DRAFT
27 Section 28. No Third-Party Rights
The parties do not intend for any third party to obtain a right by virtue of this Agreement.
Section 29. Modification
No amendments to or changes to this Agreement may be made, except by a writing expressly authorized and signed by City and Grantee.
Section 30. Severability
It is the intent of the parties that in the event that any provision herein is held to be invalid, the remaining provisions shall continue in full force and effect unless enforcement of the Agreement so modified would frustrate the purpose of this Agreement.
Section 31. Further Assurances
Each party agrees to do such further acts and things and do and execute and deliver such additional agreements and instruments as the other may reasonably require to consummate, evidence or confirm the agreements contained herein in a manner contemplated hereby.
Section 32. Entire Agreement
This Agreement constitutes the entire agreement between City and Grantee and is the final expression of City and Grantee with respect to the included terms and conditions, and as a complete and exclusive statement of the terms and conditions of the agreement. City and Grantee acknowledge that any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by City and Grantee.
Section 33. Rights and Obligations
By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.
Section 34. Attorney Fees
In case suit shall be brought to interpret or enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorney fees in addition to such costs as may be allowed by the court.
If awarded, City's attorneys' fees shall be calculated at the market rate.
Section 35. Credit for HUD Funding and City of Salinas
The Grantee shall include the HUD logo and the City of Salinas logo, where feasible, on website and written materials about the HUD-funded program, and include a statement such as “This program funded, in part, by the U.S. Department of Housing and Urban Development in cooperation with the City of Salinas.”
Section 36. Compliance with Laws
Grantee’s performance under this Agreement shall be in accordance and full compliance with all applicable federal, state and local laws and any rules or regulations promulgated thereunder.
DRAFT
28 Section 37. Close-outs
The Grantee’s obligation to the City shall not end until all close-out requirements are completed.
Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income.
Section 38. Historic Preservation
The Grantee agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list.
EXHIBIT A – Budget
EXHIBIT B - Scope of Work & Additional Goals
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DRAFT
29 IN WITNESS WHEREOF, as authorized representatives of the CITY OF SALINAS and Downtown Streets, Inc. (DSI), a non-profit corporation, have executed this Agreement.
City of Salinas Grantee:
By: By:
Rene Mendez, City Manager Jocelyn Currean, Executive Director APPROVED AS TO FORM:
By:
Christopher A. Callihan, City Attorney
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30 EXHIBIT A – BUDGET
FY 2024-2025 BUDGET:
Under Negotiation
DRAFT
31 EXHIBIT B - SCOPE OF WORK & ADDITIONAL GOALS
Under Negotiation
Downtown Streets Inc. (DSI) operates through the Salinas Downtown Streets Team (DST) Program which will maintain its evidence-based best practice work experience program in the City of Salinas (City).
The DST Program will continue to focus on cleanup efforts in the Chinatown area, Downtown corridor, Natividad Creek Park, Natividad Creek Park and assist in the maintenance of previously clean encampment sites, between 8 AM – 12 PM, five days a week excluding observed holidays, two weeklong breaks and incidents of inclement weather.
DST Program Team Members will all have access to case management, employment services, referrals to other service providers and basic needs stipends. Each DST Program Team Member will be offered DSI’s unique opt-in and individualized case management approach.
DSI will continue with its standing DST Program team of at least 20 individuals and serve at least 40 unduplicated individuals in the year. Staffing will be comprised of a Regional Director, a Project Manager, two full-time Case Managers, one Housing Lead, and one Office Administrator/Outreach Coordinator.
The DST Program Project Manager will act as the direct contact to the City and all project partners. The Case Managers will provide resources to Team Members, provide one-on-one case management sessions, provide employment services, advocate for Team Members and build partnerships with service providers, employer and landlord to place Team Members.
In January 2023, DSI launched a new model which includes part-time employment opportunities to former Team Members through our social enterprise, Streets Team Enterprises.
DRAFT
Version: November 2023
AGREEMENT —AMENDMENT NO. 1 TO
FISCAL YEAR 2023-24
HCD 2022 ESG
SUBRECIPIENT FUNDING AGREEMENT
BETWEEN CITY OF SALINAS
AND
CENTRAL COAST CENTER FOR INDEPENDENT LIVING
FOR THE
CCCIL RAPID REHOUSING AND HOUSING STABILIZATION PROGRAM Agreement No. 22SESG01
This Amendment No. 1 (“Amendment”) to the Subrecipient Funding Agreement (“Agreement”) is entered into this 18th day of June 2024, by and between the City of Salinas (“City”) and Central Coast Center for Independent Living (“CCCIL”), a California non-profit corporation, (“Subrecipient”). City and Subrecipient may be individually referred to herein as a “Party” and collectively the City and Subrecipient may be referred to as the “Parties.”
RECITALS
WHEREAS, the City and CCCIL first entered into an HCD 2022 ESG Subrecipient Funding Agreement (Agreement) effective this 1
st day July 2023, pursuant to which CCCIL agreed
to act as and provide certain services for compensation; and WHEREAS, there was a delay the implementation of services for compensation and the city assessed the State expenditure requirements to determine if all funds would be spent by June 30, 2024; the city solicited feedback on the Subrecipients ability to expend the funds; and WHEREAS, CCCIL notified the City of their inability to fully spend all the HCD ESG 2022 funds by June 30, 2024, and the city determined a partial reallocation of funds was necessary; and
WHEREAS, the City and Subrecipient desire to amend the Agreement to extend the term of the agreement to October 31, 2024, and to reduce the maximum compensation from the original funding agreement amount of $133,284.00 by $65,000, with a compensation not to exceed $68,284;
NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:
TERMS
1. The Agreement, Section 2, Term and Section 4. Funding section, is amended to restate in its entirety the following:
Section 2. Term:
This Agreement shall commence on July 1, 2023, and expires on October 31, 2024, unless suspended or terminated sooner pursuant to the terms of this Agreement. This Agreement
Version: November 2023
may not be extended beyond the term set forth in this section.
Section 4. Funding
Purpose:
a. Maximum Compensation: It is expressly understood that the total compensation to be paid to Subrecipient under this Agreement for services rendered shall not exceed Sixty-Eight Thousand Two Hundred Eighty-Four Dollars ($68,284.00).
2. All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment shall remain in full force and effect as if fully set forth herein.
IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Subrecipient have entered into this Agreement as of the date first written above.
CITY OF SALINAS
___________________________________
Rene Mendez, City Manager
APPROVED AS TO FORM:
___________________________________
□ Christopher A. Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney
CENTRAL COAST CENTER FOR INDEPENDENT LIVING
___________________________________
Judy Cabrera, Executive Director
1 FISCAL YEAR 2023-24
HCD 2022 ESG
SUBRECIPIENT FUNDING AGREEMENT
BETWEEN
THE CITY OF SALINAS
AND
CENTRAL COAST CENTER FOR
INDEPENDENT LIVING
-7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 2 This is an official document.
Do not make any changes to this document EXCEPT to modify your signature block on the last page as needed.
-7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 3 FISCAL YEAR 2023-24
HCD 2022 ESG
SUBRECIPIENT FUNDING AGREEMENT
BETWEEN CITY OF SALINAS
AND
CENTRAL COAST CENTER FOR INDEPENDENT LIVING
FOR THE
CCCIL RAPID REHOUSING AND HOUSING STABILIZATION PROGRAM Agreement Number: 23SESG01
Table of Contents
PART I - AGREEMENT ................................................................................................................ 6 Section 1. Definitions (as used in this Agreement) .................................................................... 6 Section 2. Term ........................................................................................................................... 6 Section 3. Scope of Service ........................................................................................................ 6 Section 4. Funding ...................................................................................................................... 8 Section 4A. Non-Entitlement State ESG Program Requirements ............................................ 10 Section 4B. Other Program Requirements ................................................................................ 12 Section 5. Records and Reports ................................................................................................ 14 Section 6: Indemnity; Insurance ............................................................................................... 14 Section 7. Subcontracts ............................................................................................................. 17 Section 8. Environmental Review (ER) .................................................................................... 18 Section 9. National Flood Insurance Program .......................................................................... 18 Section 10. Lead-Based Paint ................................................................................................... 18 Section 11. Amendment ............................................................................................................ 19 Section 12. Assignment ............................................................................................................ 19 Section 13. Suspension and Termination .................................................................................. 19 Section 14. Terms and Conditions ............................................................................................ 20 PART II - SUPPLEMENTAL GENERAL CONDITIONS ......................................................... 22 Section 1. Program Income ....................................................................................................... 22 Section 2. Uniform Administrative Requirements ................................................................... 22 Section 3. Title VI of the Civil Rights Act of 1964 .................................................................. 22 Section 4. Land Covenants ....................................................................................................... 23 Section 5. Executive Order No. 11063 ..................................................................................... 23 Section 6. Nondiscrimination ................................................................................................... 23 Section 7. Affirmative Action ................................................................................................... 26 Section 8. Business and Employment Opportunities for Lower-Income Residents ................. 27 Section 9. Labor Standards ....................................................................................................... 27 Section 10. Acquisition and Rehabilitation of Real Property and Displacement of Persons and Businesses ................................................................................................................................. 27 Section 11. Conflict of Interest ................................................................................................. 28 Section 12. Reversion of Assets ............................................................................................... 29 Section 13. Lobbying Prohibited .............................................................................................. 29 Section 14. Faith-based Activities ............................................................................................ 29 Section 15. Audits and Inspections ........................................................................................... 30 -7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 4 Section 16. HCD Requirements ................................................................................................ 31 Section 17. Prohibition Against Payment of Bonus or Commissions ...................................... 31 Section 18. Copyrights .............................................................................................................. 31 Section 19. Patents .................................................................................................................... 31 Section 20. Political Activity Prohibited .................................................................................. 31 Section 21. Board of Directors ................................................................................................. 32 Section 22. Notices ................................................................................................................... 32 Section 23. Legal Representation ............................................................................................. 32 Section 24. Joint Representation ............................................................................................... 32 Section 25. Warranty of Authority ........................................................................................... 32 Section 26. No Waiver of Rights .............................................................................................. 32 Section 27. Counterparts ........................................................................................................... 33 Section 28. No Third-Party Rights ........................................................................................... 33 Section 29. Modification ........................................................................................................... 33 Section 30. Severability ............................................................................................................ 33 Section 31. Further Assurances ................................................................................................ 33 Section 32. Entire Agreement ................................................................................................... 33 Section 33. Rights and Obligations ........................................................................................... 33 Section 34. Attorney Fees ......................................................................................................... 33 Section 35. Credit for HCD Funding and City of Salinas ........................................................ 33 Section 36. Compliance with Laws .......................................................................................... 34 Section 37. Close-outs .............................................................................................................. 34 Section 38. Historic Preservation .............................................................................................. 34 EXHIBIT A – Budget ............................................................................................................... 36 EXHIBIT B - SCOPE OF WORK & ADDITIONAL GOALS ............................................... 37 -7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 5 FISCAL YEAR 2023-24
HCD 2022 ESG
SUBRECIPIENT FUNDING AGREEMENT
BETWEEN CITY OF SALINAS
AND
CENTRAL COAST CENTER FOR INDEPENDENT LIVING
FOR THE
CCCIL RAPID REHOUSING AND HOUSING STABILIZATION PROGRAM Agreement Number: 23SESG01
This HCD 2022 ESG Subrecipient Funding Agreement (“Agreement”), made and entered into this 1st day of July 2023, by and between the City of Salinas, a charter city and municipal corporation, (“City”), and, Central Coast Center for Independent Living (“CCCIL”), a California nonprofit corporation, with a Unique Entity Identifier (“UEI”) number PXU7BWE2H7B3 (hereinafter referred to as "Subrecipient").
RECITALS
WHEREAS, the State of California (“State”), Department of Housing and Community Development (“HCD”) issued a Notice of Funding Availability (“NOFA”) dated June 13, 2022, under the 2022 California Emergency Solutions Grant (“ESG”) Program; and WHEREAS, City of Salinas is an approved State of California ESG Administrative Entity (“AE”) and has made these funds available to eligible recipients/Subrecipients, including private non-profit organizations; and
WHEREAS, the HCD has approved funding allocations for the 2022 ESG Program, subject to terms and conditions of the NOFA, Program guidelines and requirements, and the Standard Agreement and other contracts between HCD and the City; and WHEREAS, the HCD ESG Standard Agreement is identified as number 22-ESG-17000 (with a CFDA number 14.231), between HCD and the City was awarded on May 9, 2023, and approved on August 10, 2023, and
WHEREAS, ESG funds are available for emergency shelter operations and essential supportive services for homeless prevention, rapid re-housing, and grant administration; and WHEREAS, ESG funds may be used in non-entitlement and entitlement areas within San Benito and Monterey Counties; and
WHEREAS, the Subrecipient must make matching contributions to supplement the Subrecipient’s ESG program in an amount that equals the Subrecipient’s fiscal year grant for ESG and each matching contribution must meet the requirements under 2 CFR 200.306; and -7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 6 WHEREAS, Subrecipient has applied to the City for FY 2022-23 HCD ESG public services funding to reimburse for a portion of the cost of providing services to the community; and WHEREAS, the City of Salinas was authorized by the Salinas/Monterey and San Benito Counties Continuum of Care (“CoC”) to be the Administrative Entity (“AE”) for the HCD 2022 ESG Program; and
WHEREAS, the Subrecipient follows the regulations set forth by HCD, Emergency Solutions Grants Program State Regulations under the California Code of Regulations Title 25, Division 1, Chapter 7, Subchapter 20.
NOW, THEREFORE, in consideration of mutual covenants and agreements contained herein, the parties hereto agree as follows:
PART I - AGREEMENT
Section 1. Definitions (as used in this Agreement)
Except to the extent modified or supplemented by this Agreement, any term defined in Title I of the Housing and Community Development Act of 1974, or the HCD Emergency Solutions Grant Regulations at 24 CFR Part 576, shall have the same meaning when used herein. a. “Subrecipient” shall mean an entity, whether public or private, which has the responsibility for administering a project or activity meeting the criteria specified by HCD in the Emergency Solutions Grant regulations (24 CFR 576.) that is authorized to use ESG funds to carry out certain special activities.
b. “HCD” means the Department of Housing and Community Development, a department within the California Business, Consumer Services and Housing Agency that develops housing policy and administers housing finance, economic development and community development programs.
c. Emergency Solutions Grant, "ESG" means the Emergency Solutions Grant program. d. “Proposal" means the agency’s application submitted to the City of Salinas requesting ESG funding.
e. “Project” means an awarded program.
Section 2. Term
This Agreement shall commence on July 1, 2023, and expires on June 30, 2024, unless suspended or terminated sooner pursuant to the terms of this Agreement. This Agreement may not be extended beyond the term set forth in this section.
Section 3. Scope of Service
This Agreement, including attached budget (Exhibit A) and scope of work and additional goals (Exhibit B), herein made part of this agreement, is to be performed in accordance with Subrecipient's FY 2023-24 Funding Proposal/Application for funding ("Proposal") dated February 22, 2022, and addendums as applicable, on file at the City of Salinas, Community Development Department - Housing Division, and incorporated herein by this reference. -7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 7 a. Activities
The Subrecipient will be responsible for administering the ESG grant for CCCIL Rapid Rehousing and Housing Stabilization Program in a manner satisfactory to the City/AE and consistent with ESG Regulations defined in 24 CFR 576.01 and the California Code of Regulations Title 25, Division 1, Chapter 7, Subchapter 20. Such program will include the following activities eligible under the ESG program:
b. Components and Objectives
The ESG program provides funding for five program components: (1) street outreach; (2) emergency shelter; (3) homeless prevention; (4) rapid re-housing assistance; and (5) HMIS as defined in CFR 576.01 through 576.108. The City of Salinas prioritizes Projects with housing outcomes.
The objectives of the ESG program are to: (1) engage homeless individuals and families living on the street; (2) improve the number and quality of emergency shelters for homeless individuals and families; (3) help operate these shelters; (4) provide essential services to shelter residents, (5) rapidly re-house homeless individuals and families, and (6) prevent families/individuals from becoming homeless as defined in 24 CFR Part 576. Each objective area or funded category, such as Emergency Shelter, Street Outreach, and Rapid Re-housing must enact in execution of objectives the Housing First philosophy and approach.
c. Levels of Accomplishment-Goals and Performance Measures The levels of accomplishment are referenced in Exhibit B-Project Timeline and herein made part of this agreement.
d. Staffing
The list of staff and time commitments to be allocated to each activity are included in Section 5 of the Subrecipient’s FY 2022 application. Staff allocated to this grant shall maintain consistent and notified the City immediately if any changes to Key Personnel or their general responsibilities occur under this project. Such changes are subject to the prior approval of the City of Salinas Planning Manager. The City must be contacted of any key personnel changes occur during the grant cycle. A Project must maintain adequate staffing throughout the awarded period. The Project cannot exceed a twenty percent (20%) staff vacancy, or more, for no longer than one (1) quarter in duration throughout the term of the funding. Additionally, staff must be fully trained in Best or Promising Practices, for example, Trauma-Informed approaches, that allow for fitting, appropriate services to be rendered for the funding category awarded. Agencies are expected to train staff in advance or within thirty (30) to sixty (60) days of start of Services. e. Performance Monitoring
The City will monitor the performance of the Subrecipient against goals and performance standards as stated above on a monthly and annual basis. Subrecipient will upload expense and activity reports as mentioned in Section 4d below which staff will review to assure compliance with program regulations. If Subrecipient fails to perform as determined by the City, this will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of -7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 8 time after being notified by the City, contract suspension or termination procedures will be initiated, and the City may be required to request the Subrecipient to reimburse funds mismanaged or misspent back to the State.
Section 4. Funding
Purpose:
The Subrecipient hereby agrees to provide to the City the services as described in Exhibit B - Scope of Work & Additional Goals of this agreement.
The funds to be used by the City for the payments to Subrecipient hereunder are ESG funds received under a grant from the State of California HCD. a. Maximum Compensation: It is expressly understood that the total compensation to be paid to Subrecipient under this Agreement for services rendered shall not exceed One Hundred and Thirty-Three Thousand Two Hundred and Eighty-Four ($133,284.00). b. Funding Availability: Funding is contingent upon services provided under this Agreement meeting the requirements of the Emergency Solutions Grant Program, as outlined in Title 24, Code of Federal Regulations, Section 576 incorporated herein by reference and made a part hereof, by providing assistance to homeless individuals and families by undertaking homeless prevention activities. The availability of said funds is subject to the control of the State of California, United States Government, Department of Housing and Urban Development and should said funds be encumbered, withdrawn, or otherwise made unavailable to City, whether earned by or promised to Subrecipient, Subrecipient shall not be paid said funds until they are available for payment. No other funds owned or controlled by City shall be paid under this Agreement unless specifically permitted by the Council of the City of Salinas.
It is specifically understood and agreed by Subrecipient that the funds herein authorized for the programs, projects, and services to be undertaken and performed pursuant to this Agreement constitute all of the money presently available for the purpose of this Agreement; that future additional funding of any such programs, projects, or services beyond the term of this Agreement, by any new Agreement or amendment or extension of this Agreement, will depend not only upon the satisfactory performance of this Agreement by Subrecipient, but also upon the availability to City of grant funds allocated for such purposes; that neither City, nor any employee of City, has made any promise or commitment, expressed or implied, that any additional funds will be paid or made available to Subrecipient for the purpose of this Agreement over and above the funds expressly allocated thereto under the terms herein.
Subrecipient is advised that because additional funding may not be available beyond the term of this Agreement for the completion of any unfinished project or the continuation of any ongoing program or service, Subrecipient is expected to structure and conduct each project and program in such manner that it may be readily completed or terminated with the minimum of waste or loss in the event no further funding thereof is available. c. Use of Funds: The Subrecipient shall administer its program in conformance with 2 CFR 200, “Uniform Administrative Requirements, Cost Principals, and Audit Requirements for Federal Awards”. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.
-7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 9 d. Method of Payment: City will provide payment for program costs covered by this Agreement on a monthly basis upon successful electronic submission of a “Expense Report” through the City’s online data management system (www.citydataservices.net). by Subrecipient indicating the amount of payment requested and a breakdown of expenditures consistent with Subrecipient's budget included in Exhibit A. All costs shall be supported by properly executed redacted invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges while in compliance with the Personally Identifying Information (PII) Policy. Subrecipients are responsible to redact all backup documentation pertaining to client information and replacing it with client’s HMIS number for all clients receiving direct assistance per the component requesting reimbursement. All checks, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible upon request by City and HCD, or designated agents thereof.
e. Financial Management and Accounting Standards
Subrecipient shall request funds only for authorized budget item(s) and the request shall be approved by City's Planning Manager (Housing Division) or his or her designee prior to payment. Payment requests are due on the tenth (10th) day of each month. Should the 10th fall on a weekend or holiday, the Subrecipient is responsible to provide their reports prior to the weekend or holiday. Agencies that miss City submittal deadlines more than two times in one fiscal year shall be disqualified from submitting a funding proposal for the following year per the Public Services Funding Parameters adopted by Salinas City Council on May 21, 2013. Payments shall be reimbursed based upon the prior month's expenditures and appropriate documentation must be submitted electronically. “Expense Report” submitted incorrectly, without being redacted, or without the completed “Activity Report” shall be returned to Subrecipient by City. Funding shall only be provided for expenses incurred or services provided during the period commencing July 1, 2023, and ending June 30, 2024. Payment requests received by City after July 10, 2024, need not be considered for payment.
If any portion of the approved funding is neither expended nor encumbered by June 30, 2024, the allocation shall be correspondingly reduced, and the funds made available for other eligible State ESG activities and any amendment thereto. In order to ensure compliance with the federal and state regulations concerning timely expenditure of the City’s FY 2023-24 State ESG Grant the abovementioned project shall be completed within the timeframes specified in the Project timeline (Exhibit B).
The Subrecipient may request an extension for the completion of the proposed scope of work, however, it may not be granted. The Extension Request may only be approved on a case-by-case basis, only upon written request, and after City is granted approval by the State. Subrecipient shall email extension request to City’s grant administration for consideration and if approved, request shall be uploaded on the City Data Services (CDS) website at www.citydataservices.net.
Upon written request by Subrecipient, the Planning Manager may authorize such extension request, provided all HCD, State and City requirements are met. Upon review of the -7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 10 Request for Extension form, the Planning Manager will provide a determination in writing to Subrecipient within fifteen (15) City of Salinas business working days. f. End of Year Reporting for the Consolidated Annual Performance and Evaluation Report
At the end of the State Fiscal Year timeframe, Subrecipients must submit a required ESGCAPER Annual Reporting in PDF format to the City of Salinas. Subrecipients must submit this information in a timely manner.
g. Budget Modifications: Upon electronic submission of a “Budget Modification Request” by Subrecipient, City's Planning Manager (Housing Division) may authorize a budget revision only if the revision is between the same component. Budget Modifications reflecting adjustments between components will not be approved. Any budget revision executed shall not authorize the total compensation to be paid under this Agreement, as so modified, to exceed the amount shown above in Section 4, paragraph b. Such budget modifications shall be completed on the City Data Services (CDS) website at www.citydataservices.net. Because the City has required spending thresholds, any budget modification must be approved by the City in order to ensure the City meets the State’s funding requirements.
h. Unexpended Funds: When a portion of the approved budget amount is not expended or encumbered, as per the approved budget within the Proposal (Exhibit A), the maximum compensation shall be automatically reduced by any unexpended portion unless otherwise indicated, in writing, by City's Planning Manager (Housing Division). Subrecipients spending rapid rehousing dollars are required to spend all their rapid rehousing funds.
Should an agency be at risk to not complete the rapid rehousing obligation of expenditure, the City reserves the right to reassess the grant and possibly de-obligate funding to another agency in order to meet the spending requirements for rapid rehousing.
i. Improperly Expended Funds: If City has reason to believe that any funds disbursed to Subrecipient under this Agreement were not expended in accordance with the terms and conditions hereof, City shall notify Subrecipient, in writing, of the facts or conduct which warrant(s) such belief and shall provide Subrecipient reasonable opportunity to demonstrate or achieve compliance with the terms of this Agreement. If Subrecipient fails to demonstrate such compliance to the satisfaction of City within the time specified, upon request by City, Subrecipient shall immediately refund to City the amount determined to be improperly expended. Monies refunded must come from non-ESG resources.
The provisions of this paragraph shall be in effect during the terms of this Agreement and for three years thereafter, or until such time as HCD shall have certified after audit, that all funds disbursed to Subrecipient under this Agreement were expended in accordance with the terms and conditions hereof. The Subrecipient would be required to re-pay any improperly spent funds to the City of Salinas.
Section 4A. Non-Entitlement State ESG Program Requirements Subrecipient shall comply with the following requirements of the ESG Program (24 CFR 576), as applicable and the City of Salinas Housing and Community Service Emergency Solutions Grant Operations Manual.
-7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 11 a. Funding of homeless prevention activities for households that have received eviction notices or notices of termination of utility services shall meet the following requirements:
(i) the inability of the family to make the required payment must be the result of a sudden reduction in income; (ii) the assistance must be necessary to avoid eviction of the family or termination of the services to the family; (iii) there must be a reasonable prospect the family will be able to secure payment within a reasonable period of time; and (iv) the assistance must not supplant funding for pre-existing homeless prevention activities from any other source. Proof of determination and efforts to document duplication of benefits Checklist is required.
b. Whenever ESG funds are used to perform minor rehabilitation of a structure, said structure must be maintained as a shelter for the homeless for not less than a three-year period.
Whenever ESG funds are used for either major rehabilitation of a structure, or for conversion of a structure for use as an emergency shelter for the homeless, said structure shall be maintained as a shelter for not less than a ten-year period from the completion of the work. For the purpose of this Agreement, "Minor Rehabilitation/Renovation" means rehabilitation that involves costs totaling seventy-five percent (75%) or less of the value of the building before rehabilitation and "Major Rehabilitation" means rehabilitation that involves costs in excess of seventy-five percent (75%) of the value of the building before rehabilitation.
c. Any building in which ESG funds are used for essential services, or payment of operating expenses, must be maintained as a shelter for the homeless or a facility for assisting the homeless for the period during which such assistance is provided. For buildings with multiple tenants, this requirement applies only to the portion occupied by Subrecipient. d. Any building for which ESG funds are used for renovation, conversion or major rehabilitation must meet federal, state and local government safety and sanitation standards upon completion of work.
e. Homeless individuals and families must be given assistance in obtaining: (i) appropriate supportive services, including permanent housing, medical health treatment, mental health treatment, counseling, supervision, and other services essential for achieving independent living; and (ii) other Federal, State, local and private assistance available for such individuals.
f. Subrecipient shall develop and implement procedures to ensure the confidentiality of records pertaining to any individual served pursuant to this Agreement and/or provided family violence prevention or treatment services and further to ensure that the address or location of any family violence shelter will not be made public, except with written authorization of the person or persons responsible for the operation of such shelter. g. Subrecipient shall involve, to the maximum extent practicable, homeless individuals and families in policy–making and general operations such as renovation, operation and maintenance of facilities and the delivery of services. h. Subrecipient agrees to participate in the local Continuum of Care's Homeless Management Information System (HMIS) including requirements to collect the Universal Data Elements and report an array of data pertaining to homelessness, including unduplicated counts, the use of services, and the effectiveness of the local homeless assistance system. Communities -7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 12 and homeless assistance providers use the data stored in HMIS to improve homeless assistance programs and better serve homeless persons meeting federal requirements of the Emergency Solutions Grant under the McKinney-Vento Homeless Assistance Act. In addition, sub recipients will agree to use HMIS as a case management tool to upload a Housing Stability Plan, Related Case Management Documentation, and services provided through the use of Service Transactions as required by HCD.
All other requirements of the ESG Program per title 24 CFR Part 576.
Section 4B. Other Program Requirements
Subrecipient shall carry out each activity in compliance with all applicable federal laws and regulations as described below:
Monitoring Grant Activities:
a. City shall monitor the activities selected to ensure compliance with all ESG requirements.
Onsite monitoring of Homeless Services shall occur at least one month after grant period. b. The City will monitor the performance of the Subrecipient based on a risk assessment and according to the terms of this Agreement.
c. If it is determined that the Subrecipient or any of its designees falsified any certifications, application information, financial, or contract report, the Subrecipient shall be required to immediately reimburse the full amount of the ESG award to the City and may be prohibited from any further participation in the ESG program. The City may also impose any other actions permitted under 24 CFR 576.501 (c).
d. As requested by the City, Subrecipients shall submit all ESG documentation necessary to ensure that Subrecipient are in continued compliance with all ESG Program Requirements (24 CFR 576 & 24 CFR Part 84, Subpart C, Section 84.51) and to determine if objectives listed in proposal are being meet.
e. Substandard performance as determined by City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within a specified period of time after being notified by City, contract suspension or termination procedures will be initiated.
Evaluation: The City reserves the right to survey Subrecipient’s clients. If the City elects to survey Subrecipient’s clients, the City will deliver questionnaires to the Subrecipient and the Subrecipient will distribute those questionnaires to Subrecipient’s clients. Subrecipient’s clients may then remit completed questionnaires directly to the City. The method of return to the City would be clarified during the evaluation process. To maintain Subrecipient’s protection of client confidentiality, City agrees that client surveys will not contain questions requiring the survey-taker to reveal any personally identifying client data. Following receipt of clients’ completed questionnaires, the City shall forward a summary of the results to the Subrecipient.
Disclosure of Confidential Client Information: City and Subrecipient will protect the confidentiality of all records pertaining to any individual served under this Agreement and will protect the disclosure of such documents, except as otherwise required under state or federal law or unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. Subrecipient expressly acknowledges that City is subject to -7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 13 the California Public Records Act and may, therefore, be obligated to disclose records pertaining to Subrecipient and its activities and services provided pursuant to this Agreement.
Depending on the nature or timing of the request, or future court decisions, records received by City pursuant to this agreement may not remain private and may be publicly disclosed. Given the nature of the applicable law under the California Public Records Act, City cannot guarantee or warrant that it will be able to keep submitted records confidential. Subrecipient therefore agrees to defend and indemnify City against any suit brought under the California Public Records act to obtain the records; otherwise, City shall not be obligated to defend such suit and may release the records.
Subrecipients shall comply with the Personally Identifying Information (PII) Policy. and are responsible to redact all documentation pertaining to client information and replacing it with client’s HMIS number for all clients receiving direct assistance.
Matching Funds: The matching requirements of 24 CFR 576.201 shall apply to this activity. The City requires the Subrecipient to provide 1:1 match for all ESG expenditures. The eligible forms of matching contributions are defined at 24 CFR 576.201 (d). Program income may be used as matching contributions, subject to the requirements at 24 CFR 576.201.
Policies and Procedures: Subrecipients are required to produce ESG specific policies and procedures, consistent with the City of Salinas ESG Written Standards. Program policies and procedures must include coordinated entry and the use of HMIS; Coverage Area; Participant Eligibility; Suite of Services Offered; Staffing Pattern; Problem Solving to include diversions and/or rapid exit; Participants Termination and grievance process. All Policies and Procedures must comply with all applicable federal laws, statues, and regulations; provide assistance that is tailored to each participants specific needs and housing barriers; implement best practices for returning people experiencing sheltered homelessness safe, stable Permanent housing via person centered practices that are tailored to each household.
VAWA Requirement: Violence Against Women Act (VAWA), reauthorized in 2013, expanded protections for victims of domestic violence, sexual assault, dating violence, and stalking in City and ESG funded programs. VAWA protections apply to all survivors regardless of age, sex, gender identity, race, national origin, familial status, disability, and sexual orientation, and extend to individuals affiliated with victim, including spouses, parents, siblings, children, and anyone residing in the household. VAWA protects City and ESG program participants against denial of assistance and termination of assistance or eviction based on survivor status and factors directly related to domestic violence, including job history, credit history, criminal history, or rental history. VAWA protections must be documented in the lease or rental agreement and provided to the participants served.
A. VAWA Rule Components: A participant cannot be denied assistance, terminated from a program or evicted based on a status as a victim of domestic violence, sexual assault, dating violence, and stalking. An applicant cannot be denied access to housing or evicted based on factors directly related to the victimization, such as job history, credit history, criminal record, or rental history.
Notice of Occupancy Rights: A VAWA Notice of Occupancy Right and Victim Self-Certification Form (HUD Form-5380) must be given to a tenant by the Subrecipient when:
1. A program participant applies and is admitted to permanent housing or transitional housing. -7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 14 2. An individual or family applies and is denied permanent housing or transitional housing.
3. A program participant receives notification of eviction.
4. A program participant is notified of termination of assistance.
5. In a tenant-based rental assistance, notice must also be given by the owner when a tenant receives notice of eviction.
Section 5. Records and Reports
Subrecipient shall provide to City's Planning Manager (Housing Division) or his/her designee, a Monthly or Quarterly Activity Report, in a form determined by City, so that City may meet its record keeping and reporting requirements to HCD. These reports shall be due by the tenth day of each month and will reflect the prior month's activities. Such Activity Reports shall be completed on the City Data Services (CDS) website at www.citydataservices.net. As required by City and by HCD, Subrecipient shall maintain adequate records to support the reported statistics regarding beneficiary characteristics and services provided. Such records shall be made available for inspection by City, HCD or designated agents thereof upon request as specified in 24 CFR Part 576.500, and 576.501. Subrecipient shall maintain all records required by the regulations specified in 24 CFR Part 576.500, and that are pertinent to the activities funded under this agreement; including but not limited to:
a) records demonstrating that funded activities meet one of the National Objectives of the ESG program;
b) records must include the local CoC #506 third party documentation of homelessness and/or agency similar documentation approved by the City of Salinas; or have approval from City staff if it is not possible to get third party documentation on some clients; c) records required to determine the eligibility of activities; d) records stating the Subrecipient’s policies on procedures to document homelessness; e) records documenting compliance with fair housing and equal opportunity components of the ESG program;
f) financial records as required by 24 CFR 576.500 and 24 CFR PART 84.21-28 (Revised 2 CFR, Part 215) agreeing to adhere to the accounting principles and procedures required therein, to employ adequate internal controls, and to maintain necessary source documentation for all costs incurred;
g) records demonstrating client eligibility for services provided (including-but not limited toclient name, address, income or other basis for determining eligibility, and description of service provided) and reports of milestones and schedules of programs as requested, per 24 CFR Parts 84 and 85;
h) other records necessary to document compliance with Subpart K of 24 CFR Part 570; i) the Annual Program Narrative Report due July 31, 2024 (incorporating data on prior year's activities); and
j) performance reports will be provided from the Homeless Management Information System (HMIS) on a quarterly basis to City.
Subrecipient shall retain all records specified under this Agreement for a period of five years after the expenditures of all funds from the grant under which the last program participant was served.
Section 6: Indemnity; Insurance
Subrecipient shall indemnify, defend and hold City and its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and -7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 15 causes of action arising out of any personal injury, bodily injury, loss of life, or damage to any property, or any violation of any federal, state, or municipal law or ordinance, or other cause in connection with the negligent or intentional acts or omission of Subrecipient, its employees, subcontractors, or agents, or on account of the performance or character of the work, or any other matter arising out of or related to this Agreement, except for any claim arising out of the active negligence or willful misconduct of City, its officers, employees, agents or volunteers. It is understood that the duty of Subrecipient to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code, and that Subrecipient shall at its own expense, upon written request of City, defend any such suit or action brought against City, its officers, agents, or employees. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Subrecipient from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any such damages or claims for damages.
Subrecipient shall reimburse City for all costs and expenses (including, but not limited to, fees and charges of architects, engineers, attorneys, and other professionals and court costs) incurred by City in enforcing the provisions of this Section.
Subrecipient shall maintain comprehensive general liability and property damage insurance or commercial general liability insurance, covering all operations of the Subrecipient, its agents and employees, performed in connection with the activities conducted under this Agreement, including but not limited to premises and automobiles.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Subrecipients and their Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, on an annual basis.
-7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 16 If the Subrecipient or their Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Subrecipient or Contractor requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Subrecipient or their Contractor shall cause the insurer shall reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Subrecipient including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Subrecipient or Contractor. General liability coverage can be provided in the form of an endorsement to the Subrecipient or Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
2. For any claims related to this project, the Subrecipient or Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.
4. A copy of the claims reporting requirements must be submitted by Subrecipient or Contractor to the City.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractor’s Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractor’s Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.
Waiver of Subrogation
-7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 17 Subrecipient or their Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Subrecipient agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Subrecipient, its employees, agents and subcontractors.
Subrecipient shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance, in a form satisfactory to City's Senior Human Resources Analyst, by certified mail to the City of Salinas Administration Department, 200 Lincoln Avenue, Salinas, CA 93901 and by Subrecipient uploading the Certificate of Insurance into the City Data Service website at www.citydataservices.net on behalf of the City of Salinas, concurrently with the submittal of this Agreement. A statement on the insurance certificate which states that the insurance company "will endeavor" to notify the certificate holder, "but failure to mail such notice shall impose no obligation or liability to any kind upon the company, its agents or representatives" does not satisfy the requirement of subsection (e) herein. Subrecipient shall ensure that the authorized representative of the insurance company strikes the above quoted language from the certificate. The insurance certificate shall also state the unpaid limits of the policy.
Subrecipient shall provide a substitute certificate of insurance no later than ten (10) days prior to the policy expiration date. Failure by Subrecipient to provide such substitution and extend the policy expiration date shall be considered a default. In the event Subrecipient is unable to provide a substitute certificate of insurance within the time prescribed in this subsection, Subrecipient shall provide written confirmation of renewal, in a form satisfactory to the City, to act as proof of insurance only until such time as a certificate of insurance has been received by the City.
Maintenance of insurance by Subrecipient as specified in this Agreement shall in no way be interpreted as relieving Subrecipient of any responsibility whatever, and Subrecipient may carry, at its own expense, such additional insurance as Subrecipient deems necessary.
In lieu of providing proof of insurance as required by Section 9(A) through (G) herein above, Subrecipient may provide a letter of insurance to City which represents and warrants to City that Subrecipient is lawfully self-insured with respect to the liabilities which it may incur in the performance of this Agreement and that, to the best of Subrecipient’s knowledge, Subrecipient will be in a financial position to meet such potential liabilities when they occur.
Section 7. Subcontracts
Subrecipient may contract with one or more third parties (subcontractors) to carry out a portion of the services and program described in the Proposal, insofar as Subrecipient deems such to be proper and efficient.
Prior to Subrecipient entering into any agreement for any person or organization to render said services, the Subrecipient shall obtain written approval from City's Planning Manager (Housing Division). Such subcontracts, together with all other activities by or on behalf of Subrecipient, shall not require payment in excess of City's portion of the total project budget as stated in Part I, Exhibit A of this Agreement. The subcontractor shall be subject to the same terms and conditions that Subrecipient is subject to under this Agreement and Subrecipient shall ensure the terms of this Agreement are expressly set forth in any agreements in it may have with any such subcontractors.
City shall in no event be liable to any subcontractor or any other creditor of Subrecipient and shall be liable to Subrecipient only in accordance with the terms and conditions of this Agreement. -7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 18 Section 8. Environmental Review (ER)
The environmental effects of the activity or project carried out must be assessed in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321) and the related authorities listed in HCD’s implementing regulations at 24 CFR parts 50 and 58.
No funds may be committed to the activity or project before the completion of the Environmental Review (ER) and approval of the request of release of funds and related certification, except as authorized by 24 CFR Part 58. Subrecipient shall not commit funding to any property until City staff has approved the ER and has received clearance from the State Historic Preservation Office (SHPO) to commence work (only for properties over 50 years old). a. Air and Water: The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement:
• Clean Air Act, 42 U.S.C., 7401, et seq.;
• Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder;
• Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended.
Section 9. National Flood Insurance Program
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (Public Law 93-234, 42 U.S.C. 4001). The Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation) in accordance with the requirements of Section 102(a) of said Act.
Section 10. Lead-Based Paint
Any grants or loans made by Subrecipient for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead-based paint hazards under 24 CFR Part 35 Subpart B and 24 CFR 570.608.
Subrecipient will comply with the requirements of 24 CFR 92.355 for notification, inspection, testing and abatement procedures concerning lead-based paint. Subrecipient must provide the lead hazard information pamphlet to any resident who will be residing in a unit built before 1978. The tenant must receive the pamphlet before moving into the unit. If Subrecipient can document the tenant received the pamphlet previously, Subrecipient is not required to provide it again.
Such regulations pertain to all ESG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with leadbased paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted.
-7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 19 For units older than 1978 which will house one or more children under the age of 6, landlord and tenant must complete a Lead-Based Paint Disclosure form. The form describes any known current or previous lead-based paint hazards, and documents tenant’s receipt of records and the lead hazard information pamphlet. Additionally, a visual lead-based paint assessment must be completed by a person trained in this inspection process. The inspection may be completed in conjunction with the habitability inspection if the inspector is qualified. At Intake, it should be noted on the Application Form if there will be any child in the household younger than 6 years. This information should be provided to the habitability inspector prior to their examination of the proposed rental unit.
Essential service activities, such as, counseling, case management, street outreach, referrals to employment, etc., are exempt and excluded from the lead-based paint inspection requirements.
Subrecipients much keep record in each client file when “Protect Your Family form Lead in Your Home” pamphlet is issued.
Section 11. Amendment
Where it is determined by the Planning Manager (Housing Division) that there is a need to make any change in the project, fiscal procedures, or the terms and conditions of this Agreement (including any changes necessary to comply with changes in Federal, State or local laws or regulations), such change shall be incorporated by written amendment to this Agreement and approved by the Salinas City Council and by Subrecipient, provided that adjustments in line items within the total approved budget, and minor changes in the nature and scope of services specified in the Agreement, may be approved by the Planning Manager (Housing Division) - any such changes shall be documented in writing.
Section 12. Assignment
There shall be no assignment of rights or obligations under this Agreement without written approval of the Planning Manager (Housing Division). This Agreement restricts the right of the Subrecipient to assign rights and responsibilities and restricts the right to modify this Agreement.
Written notification requesting reassignment of modifications to effectuate the assignment and the modification of the rights and responsibilities under the Agreement must be requested along with a current copy of the IRS letter regarding tax status on any possible merges. Any changes of this agreement must be signed by the Board of Directors of the Subrecipient, if a corporation, or the management if not a corporation, and by the City of Salinas.
Section 13. Suspension and Termination
If Subrecipient materially fails to comply with any term of this Agreement, City may suspend or terminate the Agreement in whole or in part. City may terminate the Agreement for convenience with the mutual written agreement of Subrecipient. Subrecipient may terminate the Agreement upon no less than thirty (30) days of receipt of written notice, setting forth the reasons for such termination and the effective date of such termination.
In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports of Subrecipient, become the property of City and Subrecipient shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, to the date of termination.
In no event shall any payment by City hereunder constitute a waiver by City of any breach of this Agreement or any default, which may then exist on the part of Subrecipient, nor shall such payment -7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 20 impair or prejudice any remedy available to City with respect to the breach or default. City expressly reserves the right to demand of Subrecipient the repayment to the City of any funds disbursed to Subrecipient under this Agreement, which were not expended in accordance with the terms of this Agreement, and Subrecipient agrees to promptly refund any such funds upon demand.
Notwithstanding the above, Subrecipient shall not be relieved of liability to City for damages sustained by City or others by virtue of any breach of the Agreement by Subrecipient, and City may withhold any payments to the Subrecipient for the purpose of set off until such time as the exact amount of damages due City from Subrecipient is determined.
Section 14. Terms and Conditions
This Agreement is subject to and incorporates the provisions attached hereto, and by this reference made a part hereof, which provisions constitute Part II, "Supplemental General Conditions," attached to this Agreement; and/or any written amendment(s) to this Agreement mutually agreed upon by the parties hereto. To the extent that any of the term and conditions of Part I of this Agreement are inconsistent or otherwise in conflict with any of the terms of Part II of this Agreement, the terms and conditions of Part II shall take precedence and apply.
This Agreement and all performance hereunder are subject to the Federal and State regulations pertaining to the ESG Program, and Subrecipient agrees to comply with all such regulations, which are incorporated herein by reference and made a part hereof, and which are available for inspection at the Housing Division.
-7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 21 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
-7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 22 PART II - SUPPLEMENTAL GENERAL CONDITIONS
The following conditions take precedence over any conflicting conditions in the Agreement:
Section 1. Program Income
Any income generated by Subrecipient from the use of ESG funds must be immediately reported as earned and returned to City.
Section 2. Uniform Administrative Requirements
a. Establishment and Maintenance of Records: Subrecipient shall comply with the requirements and standards of Federal Office of Management and Budget 2 CFR 200, “Uniform Administrative Requirements, Cost Principals, and Audit Requirements for Federal Awards”, and 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." 24 CFR Part 84, Subpart C, Sections 84.40 through 84.48 set forth standards for use by recipients in establishing procedures for the procurement of supplies and other expendable property, equipment, real property and other services with Federal funds. These standards are furnished to ensure that such materials and services are obtained in an effective manner and in compliance with the provisions of applicable Federal statutes and Executive Orders. No additional procurement standards or requirements shall be imposed upon recipients, unless specifically required by Federal statute or Executive Order or approved by Office of Management and Budget.
Records shall be maintained in accordance with any other requirements prescribed by HCD or City with respect to all matters covered by this Agreement. Except as otherwise authorized by HCD, such records shall be maintained for a period of five years after receipt of the final payment under this Agreement per 570.502 (a)(16).
b. Documentation of Costs: All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible to City upon reasonable request.
c. OMB Standards: Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property or services in accordance with the requirements of 2 CFR 200.
Section 3. Title VI of the Civil Rights Act of 1964
No person shall on the grounds of race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the performance of this Agreement.
Compliance: The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities -7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 23 Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086.
Subrecipient shall take reasonable steps to ensure meaningful access to their programs and activities by Limited English Proficient (LEP) persons while not imposing undue burdens on Subrecipient. Persons who do not speak English as their primary language and who have a limited ability to read, write, speak, or understand English can be "limited English proficient," or "LEP." Subrecipient shall assess its extent of its obligation to provide specialized LEP services using the following four factors:
a. The number or proportion of LEP persons eligible to be served or likely to be encountered by the program or Subrecipient;
b. The frequency with which LEP persons come in contact with the program; c. The nature and importance of the program, activity, or service provided by the program to people's lives; and
d. The resources available to Subrecipient and costs of modifying existing procedures.
After performing the four-factor analysis, Subrecipient is encouraged to document the analysis and outcome and to develop a Language Access Plan (LAP). The LAP identifies Subrecipient's immediate and longer-term plans for providing language services, which might include identifying LEP individuals who need language assistance, measures by which Subrecipient's staff will provide language services, how Subrecipient will train its staff to implement the LAP, providing public notice of the language services Subrecipient provides, and self-assessment and monitoring by Subrecipient of its LAP.
Section 4. Land Covenants
This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 99- 352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use of occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Subrecipient and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate.
Section 5. Executive Order No. 11063
Subrecipient shall not discriminate because of race, color, religion, sex, or national origin in the sale, lease, rental, or other disposition of residential property and related facilities, or in the use or occupancy thereof, if property is provided for in whole or in part by a grant of CDBG or ESG funds.
Section 6. Nondiscrimination
No person in the United States shall, on the grounds of race, color, sex, national origin, or religion be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. Additionally, -7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 24 discrimination on the basis of age, under the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.] or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794] and the Americans with Disabilities Act of 1990, shall be prohibited under the performance of this Agreement. Subrecipient shall comply with regulations found at Title 24, Code of Federal Regulations, Part 8, that complement Section 504 of the Rehabilitation Act of 1973.
The Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities, laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable.
a. Fair Housing Act [42 U.S.C. 3601 et seq.]. No person shall, on the grounds of race or color, religion, sex, national origin, familial status, or disability be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. b. Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.]. No person shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement.
c. Section 504 of the Rehabilitation Act of 1973, as amended [29 U.S.C. 794]. No otherwise qualified individual with a disability shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity under this Agreement. (i) A Subrecipient that employs less than fifteen (15) persons shall:
(a). Take appropriate steps to ensure effective communication with applicants, determine auxiliary aids necessary, adopt and implement procedures to ensure that interested person can obtain information concerning the existence and location of accessible services, activities, and facilities. [24 CFR 8.6] (b). Evaluate its current policies and practices to determine whether, in whole or in part, they do not or may not meet the requirements of Section 504 and the implementing federal regulations; modify any policies and practices that do not meet the requirements; take appropriate corrective steps to remedy the discrimination revealed by the self-evaluation; maintain on file for at least three years following completion of the evaluation, make available for public inspection and provide to the responsible civil rights official a list of the interested persons consulted, a description of areas examined and any problems identified, and a description of any modifications made and of any remedial steps taken. [24 CFR
8.51]
(ii) A Subrecipient that employees fifteen (15) persons or more shall implement (i)(a) and (i)(b) above and in addition:
(a). Designate at least one person to coordinate its efforts to comply with the obligations imposed by Section 504 and the implementing federal regulations. [24 CFR 8.53(a)]
-7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 25 (b). Adopt grievance procedures that incorporate due process standards that provide for the prompt and equitable resolution of complaints alleging any action prohibited by the obligations imposed by Section 504 and the implementing federal regulations. [24 CFR 8.53(b)]
(c). Take appropriate initial and continuing steps to notify participants, beneficiaries, applicants and employees that the Subrecipient does not discriminate in admission or access to, or treatment or employment in, its federally assisted programs and activities. [24 CFR 8.54]
d. Subtitle A of Title II of the Americans with Disabilities Act of 1990 [42 U.S.C. 12131].
No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity under this Agreement. (i) A public entity that employs less than fifty (50) persons shall:
(a). Evaluate its current services, policies, and practices, and the effects thereof, and to the extent that such do not or may not meet the requirements of Subtitle A and the implementing federal regulations, shall proceed to make the necessary modifications. [28 CFR 35.105]
(b). Make available to applicants, participants, beneficiaries, and other interested persons information regarding the provisions of Part 35 and its applicability to the services, programs or activities of the public entity, and make such information available to them in such a manner as the head of the entity finds necessary to apprise such persons of the protections against discrimination assured them by the Americans With Disabilities Act and Part 35. [28 CFR 35.106] (c). TDD's (telecommunication devices for the deaf) or equally effective telecommunication systems shall be used to communicate by telephone with individuals with impaired hearing or speech. [28 CFR 35.161] (ii) A public entity that employees fifty (50) persons or more shall implement (i)(a), (i)(b) and (i)(c) above and in addition:
(a). Designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities including any investigation of any complaint alleging noncompliance or any actions prohibited by ADA, make information about designated person available to all interested individuals, adopt and publish grievance procedures providing prompt and equitable resolution of complaints alleging any prohibited action. [28 CFR 35.107]
(b). Take appropriate steps to ensure communication with applicants, participants, and members of the public with disabilities are as effective as communications with others, furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, enjoy the benefits of, a service, program or activity, determine what type of auxiliary aid and service is necessary, give primary consideration to the requests of individuals with disabilities. [28 CFR 35.160]
-7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 26 Section 7. Affirmative Action
The Subrecipient agrees that it shall be committed to carry out pursuant to the Subrecipient’s specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966. The City shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds.
a. Executive order 11625, 12432, and 12138 Women-and Minority-Owned Businesses (W/MBE): Subrecipient agrees to take reasonable steps to ensure that small businesses owned by women or by racial or ethnic minorities have the opportunity to compete for contracts resulting from this Agreement. The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, “minority group members” are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. b. Executive Order 11246 Equal Employment Opportunity and Affirmative Action (EEO/AA statement: The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the City, state that it is an Equal Opportunity or Affirmative Action employer. Subrecipient shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, handicap, disability, sexual orientation, ancestry, national origin or any other basis prohibited by applicable law. The Subrecipient shall take affirmative action to ensure that applicants that are employed and employees are treated during employment without regard to their race, color, religion, sex, age, handicap, disability, sexual orientation, ancestry, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause.
The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regards to race, color, religion, sex, age, handicap, disability, sexual orientation, ancestry, national origin or any other basis prohibited by law.
Affirmative Outreach
The Subrecipient will make known that use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. If it is unlikely that the procedures that the Subrecipient intends to use to make known the availability of the facilities, assistance, and services will be available to reach persons of any particular race, color, religion, sex, age, national origin, familial status or -7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 27 disability who may qualify for those facilities and services, the recipient or subrecipient must establish additional procedures that ensure that those persons are made aware of the facilities, assistance, and services. The Subrecipient must take appropriate steps to ensure effective communication with persons with disabilities including, but not limited to, adopting procedures that will make available to interested persons information concerning the location of assistance, services, and facilities that are accessible to persons with disabilities. Consistent with Title VI and Executive Order 13166, Subrecipients are required to take reasonable steps to ensure meaningful access to programs and activities for limited English proficiency (LEP) persons.
Section 8. Business and Employment Opportunities for Lower-Income Residents Subrecipient will conform with the rules and regulations set forth under Section 3 of the Housing and Urban Development Act of 1968, (12 USC 1701u), as amended, and the HCD regulations issued pursuant thereto at 24 CFR Part 135. Subrecipient is encouraged to the greatest extent feasible, to provide opportunities for training and employment be given to lower-income residents of the City of Salinas, and contracts for work in connection with the Project be awarded to business concerns which are located in, or owned in substantial part by, persons residing in the City of Salinas.
Section 9. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential use for less than eight units, Subrecipient and all contractors engaged under contracts in excess of $2,000 for construction work financed in whole or in part with assistance provided under this Agreement, shall comply with HCD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3, 5, and 5a, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided, that if wage rates higher than those required under such regulations are imposed by State or local law, nothing hereunder is intended to relieve Subrecipient of its obligation, if any, to require payment of the higher rates. Subrecipient shall cause or require to be inserted in full in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5. and, for such contracts in excess of $10,000, 29 CFR 5a.3.b.
The provisions of the Davis-Bacon Act, (40 U.S.C. 276a to 276a-5) do not apply to the ESG program.
Section 10. Acquisition and Rehabilitation of Real Property and Displacement of Persons and Businesses
If Subrecipient causes the involuntary temporary or permanent displacement of any person or business in connection with development of the Project, Subrecipient shall reimburse City for City's out-of-pocket costs and expenses, if any, related to compliance with 24 CFR 576.408, Policies for Displacement, Relocation, Acquisition, and Replacement of Housing, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended ("1970 Relocation Act"), and, if triggered by 24 CFR 92.353(e), Section 104(d) of the Housing and Community Development Act of 1974, including the costs of all notices, advisory assistance, relocation benefits, and replacement dwelling units as required by the 1970 Act, as amended, and the implementing regulations at 49 CFR Part 24. If triggered by 24 CFR 92.353(e), Subrecipient shall also reimburse City for City's out-of-pocket costs and expense to comply with Section 104(d) of the Housing and Community Development Act of 1974, and the implementing regulations at -7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 28 24 CFR 576.408. Subrecipient hereby agrees to indemnify City from and against, any and all claims and liabilities for relocation benefits required by the 1970 Act or other federal statutes and regulations in connection with activities undertaken pursuant to this Agreement.
Section 11. Conflict of Interest
a. Interest of Certain Federal Officials: No member of or Delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same.
b. Interest of Members, Officers, or Employees of City, Members of Local Governing Body, or Other Officials: No member, officer, or employee of City, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. Subrecipient shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purpose of this subparagraph.
c. Interest of Members, Officers, or Employees of Subrecipient and Sub Subrecipients:
No employees, officer or agent of Subrecipient or any sub Subrecipient shall participate in the selection, award or administration of a contract in which Federal funds are used, where, to his knowledge, he or his immediate family, partners, or organization in which he or his immediate family or partner has a financial interest or with whom he is negotiating or has any arrangement concerning prospective employment. The recipients' officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors or potential contractors. Any interest on the part of Subrecipient or his employees must be immediately disclosed to HCD and to City.
The Subrecipient agrees to abide by the provisions of 24 Section 576.404, ESG Conflict of Interest Provisions, specific to the ESG program; 404(a) organizational, 404(b) individuals and 404(c) contractors, which include (but are not limited to) the following:
1. The Subrecipient shall maintain a written code of standard conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds.
2. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.
3. No covered person who exercises or has exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decisionmaking process or gain inside information with regard to such activities, may obtain a financial interest in any contract, subcontract, or agreement with respect to the CDBGassisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a -7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 29 “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the City, the Subrecipient, or any designated public agency.
Section 12. Reversion of Assets
Upon expiration of this Agreement, Subrecipient shall transfer to the City's ESG fund any unexpended funds and any accounts receivable attributable to the use of ESG funds. Rapid Rehousing funds must be spent within the grant period by the Subrecipient. Residual assets derived from Subrecipient's use of ESG funds, such as fixtures and equipment, shall vest with the City upon the end of this Agreement. The City reserves the right to monitor and verify the continued proper management of Subrecipient's assets derived from ESG funding, if any.
The City is responsible for meeting a 60% expenditure on rapid rehousing dollars and agencies in charge of rapid rehousing dollars must keep track of their spending and ensure their agency meets the rapid rehousing expenditure as proposed in their application.
Section 13. Lobbying Prohibited
No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, Subrecipient shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
Subrecipient shall require that this Section be included in the award documents for all sub-awards at all tiers in connection with this Agreement and that all Subrecipients shall certify and disclose accordingly.
Section 14. Faith-based Activities
a. Faith-Based Activities Organizations: 24 CFR Part 5 Section 109(e) states Faith-based activities organizations that are directly funded under the ESG program may not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of the ESG-funded programs or services. If an organization conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded under this part, and participation must be voluntary for the beneficiaries of the HCD-funded programs or services.
b. Religious Organizations: 24 CFR Part 5 Section 109(d)(2) states a religious organization that receives ESG funds will retain its independence from Federal, State, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its beliefs, provided that it does not use direct ESG funds to support any inherently religious activities, such as worship, religious instruction, or proselytization. Among other things, Faith-based organizations may use space in their facilities to provide ESG -funded services without removing religious art, icon, scriptures, or other religious symbols. A ESG -funded religious organization retains its authority over its internal governance, and it may retain religious terms in its organization's name, select -7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 30 its board members on a religious basis, and include religious references in its organization's mission statements and other governing documents.
c. Religious Discrimination: 24 CFR Part 5 Section 109(g) states an organization receives ESG funds shall not, in providing that ESG assistance, discriminate against a program participant or prospective program beneficiary on the basis of religion or religious belief. d. Subrecipients. Any sub-recipient of ESG funds provided under this Agreement shall abide by the terms under faith-based activities as described in 24 CFR 576.406 with religious activities.
e. Structures Used for Religious Activities 24 CFR Part 5 Section 109(j) states that ESG funds may not be used for the rehabilitation of structures to the extent that those structures are used for inherently religious activities. ESG funds may be used for the rehabilitation of structures only to the extent that those structures are used for conducting eligible activities under the ESG program. Where a structure is used for both eligible and inherently religious activities, ESG funds may not exceed the cost of those portions of the rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to ESG funds. Sanctuaries, chapels, or other rooms that an ESG-funded religious congregation uses as its principal place of worship, however, are ineligible for funded improvements under the program. Disposition of real property after the term of the grant, or any change in use of the property during the term of the grant, is subject to governmentwide regulations governing real property disposition (see 24 CFR Parts 84 and 85). f. Commingling Funds: 24 CFR Part 576, Section 406(f) states that if the recipient or a subrecipient that is a local government voluntarily contributes its own funds to supplement federally funded activities, the recipient or subrecipient has the option to segregate the Federal funds or commingle them. However, if the funds are commingled, Section 24 CFR 576.406 applies to all of the commingled funds.
Section 15. Audits and Inspections
Subrecipient will, at any time during normal business hours and as often as City, HCD, citizens or the Comptroller General of the United States may deem necessary, make available to City, to HCD, to citizens in accordance with the state, federal, and local law, and to representatives of the Comptroller General for examination of all of Subrecipient's records with respect to all matters covered by this Agreement, excepting in all circumstances any and all records or materials subject to protection pursuant to California Evidence Code §950 et seq. Subrecipient shall permit City, HCD, citizens notwithstanding 24 CFR 85.42 (f), and provide citizens with reasonable access to records regarding the past use of ESG funds, consistent with applicable State and local laws regarding privacy, including the attorney-client privilege set forth in California Evidence Code §950 et seq. of confidentiality) and representatives of the Comptroller General to audit, examine and make excerpts, copies or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement in accordance with local, state, and federal laws, but at all times no information otherwise protected from disclosure pursuant to California Evidence Code §950 et seq.
Subrecipients receiving less than $750,000 a year in Federal Grants are exempt from Federal audit requirements, but Subrecipients' records, as may be covered by the attorney client privilege, must -7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 31 be available for review upon request by City, HCD, or representatives of the Comptroller General for examination. Subrecipients receiving $750,000 or more in Federal grants within a fiscal year shall have an audit made in accordance with 2 CFR 200, “Uniform Administrative Requirements, Cost Principals, and Audit Requirements for Federal Awards”.
Subrecipient further represents to City that Subrecipient, as a non-profit 501(c)(3) organization, provides services to clients in a confidential manner, and therefore neither Subrecipient, nor any of its employees, legal or administrative, are mandatory reporters as described in Welfare & Institutions Code Section 15630 and/or are exempted from reporting pursuant to Welfare and Institutions Code Section 15632(b) and shall maintain at all times the confidentiality of Subrecipient’s clients.
Section 16. HCD Requirements
Unearned or other payments under this Agreement may be suspended or terminated upon refusal to accept any additional conditions that may be imposed by HCD or City at any time, or if the grant to City under Title I of the Housing and Community Development Act of 1974, as amended from time to time, is suspended or terminated.
Section 17. Prohibition Against Payment of Bonus or Commissions The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HCD approval of the application for such assistance, or any other approval or concurrence of HCD required under this Agreement, Title I of the Housing and Community Development Act of 1974, as amended, or HCD regulations with respect thereto; provided, however, that reasonable fees for bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs.
Section 18. Copyrights
If this Agreement or its performance results in a book or other copyrightable material, the author is free to copyright the work, but the U. S. Department of Housing and Urban Development and City each reserve a royalty free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, (and to authorize others to use) all copyrighted material and all material which can be copyrighted.
Section 19. Patents
Any discovery or invention arising out of or developed during the course of work aided by this Agreement shall be promptly and fully reported to City for the sole determination by the U. S.
Department of Housing and Urban Development and City as to whether patent protection on such invention or discovery shall be sought and how the rights in the invention or discovery including rights under any patent issued thereon, shall be disposed of and administered, in order to protect the public interest.
Section 20. Political Activity Prohibited
None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Subrecipient shall comply with provisions of the Hatch Act, which limits political activities of employees.
-7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 32 Section 21. Board of Directors
Subrecipient shall provide City with information regarding any changes in the Board of Directors or the management of Subrecipient no later than ten (10) days from the official change.
Section 22. Notices
Any notices under this Agreement shall be sent to the parties by personal delivery, by facsimile, or by certified mail, return receipt requested, postage prepared in the United States Postal Service at the addresses set forth below. Notice shall be deemed effective upon delivery or transmission if delivered or sent by facsimile and on the third (3rd) day after mailing. The parties designate the following names, titles, addresses, and telephone numbers:
City:
Planning Manager
City of Salinas
Community Development Department-Housing Division
65 W. Alisal Street, 2nd Floor
Salinas, California 93901
Telephone: 831-758-7334
Subrecipient:
Executive Director
Central Coast Center for Independent Living (CCCIL)
318 Cayuga St. Suite 208
Salinas, CA 93901
Telephone: (831) 757-2968
Section 23. Legal Representation
Each party affirms that it has been represented by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect.
Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement.
Section 24. Joint Representation
The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.
Section 25. Warranty of Authority
Each party represents and warrants that it has the right, power, and authority to enter into this Agreement. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it, and the persons entering into this Agreement for it, to enter into this Agreement.
Section 26. No Waiver of Rights
Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. The failure -7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 33 to provide notice of any breach of this Agreement or failure to comply with any terms of this Agreement shall not constitute a waiver there of. Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or of any other promise. A wavier by City of any one or more of the conditions of performance within this Agreement shall not be construed as a waiver(s) of any other condition of performance under this Agreement.
Section 27. Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement.
Section 28. No Third-Party Rights
The parties do not intend for any third party to obtain a right by virtue of this Agreement.
Section 29. Modification
No amendments to or changes to this Agreement may be made, except by a writing expressly authorized and signed by City and Subrecipient.
Section 30. Severability
It is the intent of the parties that in the event that any provision herein is held to be invalid, the remaining provisions shall continue in full force and effect unless enforcement of the Agreement so modified would frustrate the purpose of this Agreement.
Section 31. Further Assurances
Each party agrees to do such further acts and things and do and execute and deliver such additional agreements and instruments as the other may reasonably require to consummate, evidence or confirm the agreements contained herein in a manner contemplated hereby.
Section 32. Entire Agreement
This Agreement constitutes the entire agreement between City and Subrecipient and is the final expression of City and Subrecipient with respect to the included terms and conditions, and as a complete and exclusive statement of the terms and conditions of the agreement. City and Subrecipient acknowledge that any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by City and Subrecipient.
Section 33. Rights and Obligations
By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto.
Section 34. Attorney Fees
In case suit shall be brought to interpret or enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorney fees in addition to such costs as may be allowed by the court.
If awarded, City's attorneys' fees shall be calculated at the market rate.
Section 35. Credit for HCD Funding and City of Salinas
-7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 34 The Subrecipient shall include the HCD logo and the City of Salinas logo, where feasible, on website and written materials about the HCD-funded program and include a statement such as “This program funded, in part, by the U.S. Department of Housing and Urban Development in cooperation with the City of Salinas.”
Section 36. Compliance with Laws
Subrecipient’s performance under this Agreement shall be in accordance and full compliance with all applicable federal, state and local laws and any rules or regulations promulgated thereunder.
Section 37. Close-outs
The Subrecipient’s obligation to the City shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the City has control over CDBG funds, including program income.
Section 38. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
-7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 35 IN WITNESS WHEREOF, as authorized representatives of the CITY OF SALINAS and CENTRAL COAST CENTER FOR INDEPENDENT LIVING, a non-profit corporation, have executed this Agreement.
City of Salinas Subrecipient:
By: By:
Jim Pia, Acting City Manager Judy Cabrera, Executive Director APPROVED AS TO FORM:
BY:
Christopher A. Callihan, City Attorney/
Rhonda Combs, Assistant City Attorney
-7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 36 EXHIBIT A – Budget
FY 2023-2024 BUDGET:
Approved Funding Amount: $133,284
Funding by Category: $114,768 18,516 $133,284
Budget Category Rapid
Rehousing
Street
Outreach
Emergency
Shelter
Homeless
Prevention HMIS Total
Personnel
Case Manager HRSSFAStaff $9,300 EssStaff $6,200 $15,500
Program Services
Hotel & Motel rooms for Clients Ess-Nonstaff $12,316 $12,316 Transportation
Educational Services
Engagement
Employment Assistance and Job Training
Child Care Costs
Legal Services & Meditation
Mental Health Services
Financial Assistance (Funds which are paid to housing landlords, utility companies, or other third parties) --- Excluded from Basis of MTDC for 10 Percent De Minimis Rate (2 CFR 200.68) Moving Costs
Rent application fees HRSSFA-Nonstaff $630 $630
Security deposit HRSSFA-Nonstaff $28,800 $28,800
Last month’s rent
Renter's Insurance
Utility deposit HRSSFA-Nonstaff $1,250 $1,250
Utility payment HRSSFA-Nonstaff $988 $988
Rental Arrears
Rental Assistance - Rental assistance cannot be provided to a program participant that is receiving Tenant Based Rental Assistance or living in an unit receiving Project-Based Rental Assistance or operating assistance through other or public sources)
Excluded from Basis of MTDC for 10 Percent De Minimis Rate (2 CFR 200.68) Short-term rental assistance up to 3
months
HRSSFA-Nonstaff $37,800 $37,800
Medium-term rental assistance 4-24
months
HRSSFAStaff $36,000 $36,000
Total $114,768 $0 $18,516 $0 $0 $133,284
-7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& 37 EXHIBIT B - SCOPE OF WORK & ADDITIONAL GOALS
Project Description:
CCCIL will provide housing navigation, stabilization and independent living services to consumers experiencing homelessness in Monterey and San Benito Counties. Services will assist consumers to secure affordable and accessible housing.
Additional Goals
Measure Metric Target
Assist consumers to secure
affordable and accessible
housing
By the end of Q2 a total of
3 individual will be assisted
with RRH services to move
to permanent housing
A total of 7 individuals will Rapid
Rehousing Services
Assist consumers to increase
assess to support services such
housing, county, state and
federal medical and financial
benefits. Provide housing
stabilization, case management
and independent living
services
By the end of Q2 a total of
3 individuals
A total of 7 individuals will receive
Housing Stabilization and Housing
Support Services
Increase access to emergency
shelter beds via motel vouchers
to consumers who are ready to
move to permanent housing
By the end of Q2 will
increase the access to motel
shelter beds from 0-3
A total of 3 consumers will receive
an Emergency Hotel Voucher
-7190436Ā.6:25782Ā/-)Ā$#'.!.#,Ȁ#% !Ȁ#'' Ȁ(!.*Ȁ' +"-!.*##'& City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-341, Version: 1
Direct Purchase of Vigilant Fixed License Plate Reader (LPR) Camera Systems and Payment of the Annual Subscription Fee
Approve a Resolution authorizing the Purchasing Agent to complete the direct purchase of L5F Fixed License Plate Reader (LPR) camera systems and associated equipment and services from Vigilant Solutions, LLC for a total cost not to exceed $49,812.82; and a Resolution approving the expenditure of $35,559.43 and authorizing the City Manager to execute the associated annual subscription agreement for the period of July 1, 2024, through June 30, 2025, for the annual subscription fee with Vigilant Solutions, LLC.
City of Salinas Page 1 of 1 Printed on 6/14/2024
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: JUNE 18, 2024
DEPARTMENT: SALINAS POLICE DEPARTMENT
FROM: JOHN MURRAY, ACTING CHIEF OF POLICE
BY: TONYA ERICKSON, POLICE SERVICES ADMINISTRATOR
DIANA CALIZO, ADMINISTRATIVE ANALYST I
TITLE: DIRECT PURCHASE OF VIGILANT FIXED LICENSE PLATE
READER (LPR) CAMERA SYSTEMS AND PAYMENT OF THE
ANNUAL SUBSCRIPTION FEE
RECOMMENDED MOTION:
A motion to approve the following:
1. A Resolution authorizing the Purchasing Agent to complete the direct purchase of L5F Fixed License Plate Reader (LPR) camera systems and associated equipment and services from Vigilant Solutions, LLC for a total cost not to exceed $49,812.82.
2. A Resolution approving the expenditure of $35,559.43 and authorizing the City Manager to execute the associated annual subscription agreement for the period of July 1, 2024, through June 30, 2025, for the annual subscription fee with Vigilant Solutions, LLC.
RECOMMENDATION:
Staff recommends that the City Council approve a Resolution authorizing the Purchasing Agent to complete the direct purchase of L5F Fixed License Plate Reader (LPR) camera systems, with associated equipment and services from Vigilant Solutions, LLC for a total cost not to exceed $49,812.82. Staff further recommends that the City Council approve a Resolution approving the expenditure of $35,559.43 and authorizing the City Manager to execute any associated annual subscription agreement for the period of July 1, 2024, through June 30, 2025, for the annual subscription fee with Vigilant Solutions, LLC.
EXECUTIVE SUMMARY:
The Salinas Police Department (SPD) has utilized License Plate Reader (LPR) technology since 2018 and since the original mobile vehicle-based LPR systems, SPD has installed fixed Flock Safety LPR solar-powered cameras throughout the city and expanded the network of mobile LPR units installed on marked police vehicle. The department is requesting the City Council to authorize the City Manager to approve the direct purchase of L5F Fixed License Plate Reader Page | 2
(LPR) camera systems from Vigilant Solutions, LLC for a total cost not to exceed $49,812.82.
The department is further requesting the City Council to authorize the City Manager to approve the payment, and execute any associated agreement, for the annual subscription renewal fee with Vigilant Solutions LLC in an amount not to exceed $35,559.43 for the period of July 1, 2024, through June 30, 2025.
BACKGROUND:
The Salinas Police Department has utilized LPR technology since 2018 and it has proven to be a beneficial tool for identifying and locating stolen vehicles and other vehicles linked to criminal activity. Due to the success with LPR technology, fixed Flock Safety solar-powered LPR cameras have been installed throughout the city, and with funding from a COPS Technology Grant, we were able to add mobile LPR to additional marked police vehicles. The department is now requesting to purchase fixed and hard wired Vigilant LPR camera systems to be installed in the city. This new purchase will be fully funded by the 2021 Justice Assistance Grant.
The LPR cameras record vehicle license plate information and uploads the data for comparison against state databases of stolen or wanted vehicles. The Flock Safety LPR cameras provide clear images of vehicles, showing not only their license plate number, but other objective data such as vehicle make, model, color, and unique details such as roof racks, bumper stickers, etc. These images provide objective evidence in solving crimes and are invaluable as investigative tools. The mobile Vigilant LPR systems record license plate numbers of parked and moving vehicles as they move about town. It has been beneficial to maintain both Flock Safety solar-based LPR system and Vigilant mobile LPR systems, but the Flock Safety LPRs are solar-powered, and thus the recordings may be limited by battery life and the mobile Vigilant systems lack the ability to remain focused on specific areas or locations. The Salinas Police Department would like to expand the LPR technology by adding fixed Vigilant License Plate Reader (LPR) Camera Systems which are hardwired and thus not limited by battery life. These fixed LPR cameras are dual-lens cameras with infrared LEDs for plate illumination and can capture up to two (2) lane coverage during varied weather conditions. These cameras are hardwired and thus can provide continuous scanning and real time alerting, including data analytics, without the limitation of solar power. Given the desire to implement complimentary technology, the department is requesting the direct purchase of Vigilant L5F Fixed License Plate Reader (LPR) camera systems, with associated equipment and services.
Although all Vigilant LPR camera systems are owned by the city, SPD is required to pay for an annual subscription fee to maintain the Vigilant LPR services. The Salinas Police Department has paid these subscription costs since 2018 but given the addition of the mobile LPR cameras 2023, our annual subscription renewal cost has now increased such that payment requires approval of City Council which we are now requesting. The Vigilant Solutions annual subscription fee for July 1, 2024, through June 30, 2025, is $35,559.43.
The purchase of these additional fixed LPR camera systems, and payment of the annual subscription fee, maintain compliance with Ordinance Number 2678, related to the Collection and Use of Digital Data, which was approved by City Council on March 19, 2024 Page | 3
The City Council has the authority to approve this direct purchase of the LPR camera systems, as well as payment of the associated annual subscription fee, under Salinas Municipal code Section12-27 and without application of the local purchasing preference pursuant to Salinas Municipal Code Section 12-28.080.
Police Community Advisory Committee
The Police Community Advisory Committee (PCAC) has received several presentations over the last few years regarding LPR camera systems, and the Chief of Police specifically discussed the acceptance of the 2021 Justice Assistance Grant, and associated plans to purchase fixed LPR camera systems, at the November 18, 2021, PCAC Meeting. The Committee had no questions or comments related to this purchasing request.
CEQA CONSIDERATION:
Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
STRATEGIC PLAN INITIATIVE:
Approving the proposed resolution will support the City Council’s Strategic Plan Goal of Public Safety.
DEPARTMENTAL COORDINATION:
The Police Department has and will continue to coordinate with the Finance and Legal Departments during the purchasing and payment process, and with the IT and Public Works departments as necessary on technical and implementation issues.
FISCAL AND SUSTAINABILITY IMPACT:
Funding for the purchase of the LPR cameras is included in the Proposed FY 2024-25 Budget and is identified within the Police Department’s 2021 Justice Assistance Grant budget under account 3161.40.7101. Funds for the annual subscription fee are appropriated and available within the Police Department’s FY 2024-25 budget, account 1000.40.4130.
ATTACHMENTS:
Resolution – Direct Purchase of Fixed License Plate Reader (LPR) Camera Systems Resolution – Annual Subscription Renewal
Quote for Vigilant LPR Camera Systems
Invoice for Vigilant Annual Subscription Fee
1 RESOLUTION NO. (N.C.S.)
RESOLUTION AUTHORIZING PURCHASE OF FIXED LICENSE PLATE READER (LPR) CAMERA SYSTEMS FROM AND AN ANNUAL SUBSCRIPTION WITH
VIGILANT SOLUTIONS, LLC
WHEREAS, cameras and License Plate Reader (LPR) technology are useful tools used by police agencies to help solve crimes; and
WHEREAS, the Salinas Police Department is requesting the approval for the purchase of L5F Fixed License Plate Reader (LPR) camera systems and associated equipment and services from Vigilant Solutions, LLC; and
WHEREAS, the Salinas Police Department has funds to support this purchase utilizing the 2021 Justice Assistance Grant.
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes the Purchasing Agent to complete the direct purchase of L5F Fixed License Plate Reader (LPR) camera systems, with associated equipment and services, from Vigilant Solutions, LLC for a cost not to exceed $49,812.82; and
BE IT FURTHER RESOLVED that an expenditure of $35,559.43 is hereby approved and the City Manager is hereby authorized to execute an annual subscription agreement for the period of July 1, 2024, through June 30, 2025, for the annual subscription fee with Vigilant Solutions, LLC.
PASSED AND APPROVED this 18th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
______________________________
Kimbley Craig, Mayor
ATTEST:
2 _________________________
Patricia M. Barajas, City Clerk
1 RESOLUTION NO. (N.C.S.)
RESOLUTION AUTHORIZING THE PAYMENT OF ANNUAL SUBSCRIPTION FEE
FOR VIGILANT SOLUTIONS
WHEREAS, the Salinas Police Department relies upon Vigilant License Plate Reader (LPR) technology for the investigation of crimes;
WHEREAS, the department owns the equipment but must maintain the annual subscriptions of the associated services to utilize this technology; and WHEREAS, the department has received an invoice and has funds appropriated as part of the FY 2024-25 department budget to pay the annual subscription fees to Vigilant Solutions, LLC; and
WHEREAS, the City Council can approve this purchase pursuant to Salinas Municipal Code Section 12-27 (exception to low-bid based competition) in contracting for equipment, materials, supplies and services and pursuant to Salinas Municipal Code 12-28 (local purchasing preference).
NOW, THEREFORE, BE IT RESOLVED the Salinas City Council authorizes the City Manager to approve payment, and execution of any associated agreements, for the annual subscription fee with Vigilant Solutions, LLC in an amount not to exceed $35,559.43 for the period of July 1, 2024, through June 30, 2025.
PASSED AND APPROVED this 18th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
______________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
Vigilant Solutions, LLC
P.O Box 841001
Dallas, Texas 75202
(P) 925-398-2079 (F) 925-398-2113
Issued To: Salinas Police Department - Attention: Tonya Erickson Date: 05-28-24 Project Name: L5F - Purchase - Salinas Quote ID: TCH-0113-02
PROJECT QUOTATION
We at Vigilant Solutions, LLC are pleased to quote the following systems for the above referenced project:
L5F Cameras and Hardware
Qty Item # Description
(5) VSF-025-L5F
More Info
L5F Fixed LPR Camera with Sun Shield - 25mm Lens with Camera Cable ● Dual-lens camera with infrared LEDs for plate illumination ● 55ft - 85ft capture distance and up to 2 lane coverage ● Internal trigger for capture of plate alphanumerics, vehicle make and model ● Camera housing with included sunshield is IP67 rated for reliable use in varied weather conditions
● 60' camera cable included
● Includes CarDetector LPR software for local server hosting ● LPR vehicle license plate scanning / real time alerting o Full suite of LPR tools including data analytics
Subtotal Price $28,902.75
(4) BCAV1F2-C600 Vigilant Fixed Camera Communications Box ● Linux Comms Box using VLP5200
● Manages power and communications for up to four (4) Vigilant fixed LPR cameras ● Includes modem for communication with cellular carriers o SIM Card not included
Subtotal Price $11,730.20
(5) VS-FX-UNI-POLEWALL-ASSYFixed LPR Camera Bracket
● Pole or Wall Mount - UPR ARM ASSY POLE & WALL MOUNT BLK REV B Subtotal Price $1,557.50
Camera Licensing and Data Hosting
Qty Item # Description
(1) VSBSCSVC-04 Vigilant LPR Basic Service Package for Hosted/Managed LPR Deployments ● Managed/hosted server account services by Vigilant
o Includes access to all LEARN or Client Portal and CarDetector software updates ● Priced per camera per year for over 60 total camera units ● Requires new/existing Enterprise Service Agreement (ESA) Subtotal Price $1,223.75
System Commissioning Services
Qty Item # Description
(1) VS-TRVL-01 Vigilant Travel via Client Site Visit
● Vigilant certified technician to visit client site
● Includes all travel costs for onsite support services Subtotal Price $1,302.00
(5) SSU-SYS-COM Vigilant System Start Up & Commissioning of 'In Field' LPR system ● Vigilant technician to visit customer site
● Includes system start up, configuration and commissioning of LPR system ● Includes CDM/CDF Training
● Applies to mobile (1 System) and fixed (1 Camera) LPR systems Subtotal Price $1,194.00
Quote Notes:
1. This Quote will expire in 90 Days from the date of the Quote.
2. No installation and/or service included in this proposal unless explicitly stated above.
3. Customer shall be responsible for obtaining all necessary permits and engineering drawings, if necessary. Motorola may obtain permits/drawing if mutually agreed upon in writing, at additional cost to the Customer.
4. All hardware components to have standard One (1) year hardware warranty.
5. (1) Year hardware Warranty and any extended warranty purchased applies to hardware replacement only. Services related to Hardware Warranty replacement are the responsibility of the customer.
6. Compliance to local codes neither guaranteed nor implied. Customer represents and warrants that they have all necessary rights and permissions to the areas where the installation services are provided.
7. This Quote is provided per our conversation & details given by you - not in accordance to any written specification.
8. This Quote does not include anything outside the above stated bill of materials.
9. This purchase does not include a SIM for cellular service
10. MSI's Master Customer Agreement: https://www.motorolasolutions.com/en_us/about/legal.html (and all applicable addenda) shall govern the products & services and is incorporated herein by this reference. Any free services provided under this offer are provided AS IS with no express or implied warranty
Quoted by: Kelly Bluth - 925-398-2079 - [email protected] Subtotal Price $45,910.20
Sales Tax $3,902.62
Total Price $49,812.82
Contract Terms Acknowledgement
This Contract Terms Acknowledgement (this “Acknowledgement”) is entered into between Vigilant Solutions, LLC, a Delaware corporation (“Vigilant”) and the entity set forth in the signature block below (“Customer”). Vigilant and Customer will each be referred to herein as a “Party” and collectively as the “Parties”.
1. Contract Terms Acknowledgement. Customer acknowledges that they have received Statements of Work that describe the services provided on this Agreement. Parties acknowledge and agree that the terms of the Master Customer Agreement (“MCA”), including all applicable Addenda, shall apply to the Services set forth in the accompanying Ordering Document. Vigilant's Terms and Conditions, available at https://www.motorolasolutions.com/en_us/about/legal.html, including the Master Customer Agreement, is incorporated herein by this reference. By signing the signature block below, Customer certifies that it has read and agrees to the provisions set forth in this Acknowledgement and the signatory to this Acknowledgement represents and warrants that he or she has the requisite authority to bind Customer to this Acknowledgement.
2. Entire Agreement. This Acknowledgement, including the accompanying Ordering Document, supplements the terms of the MCA, applicable Addenda, and Ordering Documents entered between the Parties and forms a part of the Parties’ Agreement.
3. Disputes; Governing Law. Sections 12 – Disputes of the MCA is hereby incorporated into this Acknowledgement mutatis mutandis.
4. Execution and Amendments. This Acknowledgement may be executed in multiple counterparts and will have the same legal force and effect as if the Parties had executed it as a single document. The Parties may sign in writing or by electronic signature. An electronic signature, facsimile copy, or computer image of a signature will be treated, and will have the same effect as an original signature, and will have the same effect, as an original signed copy of this document.
This Acknowledgement may be amended or modified only by a written instrument signed by authorized representatives of both Parties.
The Parties hereby enter into this Acknowledgement as of the last signature date below.
Customer: ______________________________
Signature: ______________________________
Name: ______________________________
Title: ______________________________
Email: ______________________________
Date: ______________________________
Offer Addenda – Standard Hosted LPR Services - Page 1 of 2 Standard LPR Hosting Services w/ LPR, Fees and Payment Provision I License Key: The Camera License Key (CLK) means an electronic license key that will permit the use of MSI’s LPR software to be used with standard MSI issued LPR cameras (one CLK per LPR camera) and select MSI Software Products.
II Offer Services: This Offer includes the following Software Services / Software Products:
• LPR Software Services / Software Products:
o Basic Service:
▪ MSI Managed/Hosted LPR Account
▪ CarDetector LPR Software w/ all updates
o Standard Service:
▪ Mobile Hit Hunter (for CarDetector Mobile LPR Software) ▪ Unlimited Mobile Companion (for Android or iPhone) Single Plate Scan • Optional Parking Services:
o Parking Toolkit (software application)
o Parking Integration (3rd party system integration)
o Scofflaw Alerting Service
III Annual Service Fees (CLKs): The Service Fees applicable to each Annual Service Period shall be as follows:
Annual Service Fee per CLK
Total CLKs under this Offer 0-14 CLKs 15-30 CLKs 31-60 CLKs Over 60 CLKs Vigilant Basic LPR Service 525.00 450.00 400.00 275.00
Vigilant Standard LPR Service 750.00 640.00 565.00 390.00 Optional Parking Services: Software and/or data services related to Parking specific application and use:
Area intentionally left blank
Annual Parking Services Fee Schedule
Parking Enforcement System Toolkit $1,000.00
Parking Integration Service $1,000.00
Scofflaw Alerting Service $25,000.00
Offer Addenda – Standard Hosted LPR Services - Page 2 of 2 IN WITNESS WHEREOF, the undersigned has agreed to this rate sheet as of the Signature Date.
Company Name: ________________________________________
Signer’s Name: ________________________________________ Signer’s Email: ________________________________________ Signature Date: ________________________________________ Signature: ________________________________________
PAYMENT INSTRUCTIONS
U.S REGULAR MAIL
VIGILANT SOLUTIONS, LLC
P.O. BOX 841001
DALLAS, TX 75284-1001
EXPRESS/OVERNIGHT DELIVERY
BANK OF AMERICA - LOCKBOX SERVICES
VIGILANT SOLUTIONS, LLC - LOCKBOX 841001
1950 N STEMMONS FREEWAY
DALLAS, TX 75202
ACH/ WIRE TRANSFERS
ACCOUNT NAME: VIGILANT SOLUTIONS, LLC
BANK OF AMERICA
135 SOUTH LASALLE
CHIGAGO, IL 60603
ABA Routing Number: 071000039
Account Number: 8670615284
SWIFT Code: BOFAUS3N
I N V O I C E
Vigilant Solutions, LLC
6200 Stoneridge Mall Rd
3rd Floor Suite 301
Pleasanton CA 94588
United States
Ph: (925) 398-2079 Fax: (925) 398-2113
Page Number Page 1 of 1
Request Date 05/14/2024
Sold To 608262
Branch Plant 10204
Order Number 33233 S5
Invoice 57332 RI
Invoice Date 05/14/2024
Sold To:
Salinas Police Department
222 Lincoln Ave.
Salinas CA 95834
United States
Line No Item Number Description Quantity Price
1 VS ESA BASIC RNWL ANNUAL SUBSCRIPTION RENWL FEE
Period: 7/24 - 6/25
1 $ 35,559.43
Terms Net 30 Days
Net Due Date 6/13/2024 Total Service Charge $ 35,559.43 City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-342, Version: 1
Direct Purchase of 12-Passenger Van
Approve a Resolution authorizing the Purchasing Agent to complete the direct purchase of one 2024 Ford Transit 12-Passenger Van for a total cost not to exceed $61,365.70.
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: JUNE 18, 2024
DEPARTMENT: SALINAS POLICE DEPARTMENT
FROM: JOHN C. MURRAY, ACTING CHIEF OF POLICE
BY: TONYA ERICKSON, POLICE SERVICES ADMINISTRATOR
DIANA CALIZO, ADMINISTRATIVE ANALYST I
TITLE: DIRECT PURCHASE OF 12-PASSENGER VAN
RECOMMENDED MOTION:
A motion to approve a Resolution authorizing the Purchasing Agent to complete the direct purchase of one 2024 Ford Transit 12-Passenger Van for a total cost not to exceed $61,365.70.
RECOMMENDATION:
Staff recommends that City Council approve a Resolution authorizing the Purchasing Agent to complete the direct purchase of one 2024 Ford Transit 12-Passenger Van for use by Police Department staff. Total cost for the vehicle shall not exceed $61,365.70.
EXECUTIVE SUMMARY:
The Salinas Police Department (SPD) has identified funding to purchase one 2024 Ford Transit 12-Passenger Van to be used by SPD staff for transporting our Youth Cadets to various Cadet sponsored activities and community service events. The 12-passenger van will also be used to transport PD staff when necessary. The State of California order bank is currently open for these vehicles, which allowed us to secure a quote for this vehicle at the lowest possible cost. The Department is requesting authorization to purchase the van for a cost not to exceed $61,365.70.
BACKGROUND:
The Salinas Police Department has been focused on ensuring we have a fleet that meets the many needs of the department. Last fiscal year the City was awarded a California Violence Intervention and Prevention (CalVIP) Grant to enhance community engagement activities, with a focus on youth services. Our new community outreach and engagement unit is dedicated to reviving the Youth Cadet Program by discovering opportunities to create a positive presence in our community through community service events. For this reason, it is vital to have access to a vehicle that can Page | 2
provide transportation for large groups with less drivers. Having a larger vehicle that requires less drivers is a benefit to SPD during this time, as we are experiencing critical staffing levels.
In reviewing vehicles with the Public Works Fleet Manager, we identified the 2024 Ford Transit 12-Passenger Van as the appropriate vehicle for the Police Department’s needs. This request aligns with the Fleet Department’s objectives related to vehicle replacement and fleet consistency.
The State of California contracts with Downtown Ford in Sacramento for procurement of Ford Transit Vans. The order bank is currently open for these vehicles, which allowed us to secure a quote for this vehicle at the lowest possible cost via the State of California procurement process.
Over the last few years, all Departments have struggled with purchasing fleet vehicles.
Departments have spent significant amounts of time trying to locate or order new and replacement vehicles. Given the delay between ordering and receiving vehicles, we are adding a 5% contingency to the authorization to ensure our ability to complete the purchase should there be any unexpected cost increase or adjustment of vehicle options on the vehicle available for purchase.
The quote from Downtown Ford is $58,443.52. With the addition of a 5% contingency, we are requesting approval for the direct purchase of a 2024 Ford Transit 12-Passenger Van from Downtown Ford in Sacramento for a cost not to exceed $61,365.70. The City Council has the authority to approve this direct purchase pursuant to Salinas Municipal code Section 12-27 and Salinas Municipal Code Section 12-28.080.
POLICE COMMUNITY ADVISORY COMMITTEE:
The Acting Police Chief discussed this direct purchase request with the Police Community Advisory Committee on May 22, 2024. The Committee had no questions or comments related to this purchasing request.
CEQA CONSIDERATION:
Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
STRATEGIC PLAN INITIATIVE:
Approving the proposed resolution will support the City Council’s Strategic Plan Goals of Public Safety, Youth and Seniors, and Effective and Culturally Responsive Government.
DEPARTMENTAL COORDINATION:
The Police Department will coordinate with the Public Works and Finance Departments during the purchasing process.
FISCAL AND SUSTAINABILITY IMPACT:
Funding is included in the Proposed FY 2024-25 Budget within the Fleet Vehicle Replacement Account 7121-40.4130.
Page | 3
ATTACHMENTS:
Resolution
Quote
1 RESOLUTION NO. (N.C.S.)
RESOLUTION AUTHORIZING THE DIRECT PURCHASE OF ONE
FORD TRANSIT 12-PASSENGER VAN
WHEREAS, the Salinas Police department desires to purchase one 2024 Ford Transit 12- Passenger Van for use by Salinas Police department staff and we have secured a quote from Downtown Ford using the State of California contract rate; and WHEREAS, funds are appropriated and available within the Fleet Replacement Fund; and WHEREAS, the City Council can approve this purchase pursuant to Salinas Municipal Code Section 12-27 (exception to low-bid based competition) in contracting for equipment, materials, supplies and services and pursuant to Salinas Municipal Code 12-28.080 (local purchasing preference).
NOW, THEREFORE, BE IT RESOLVED the Salinas City Council authorizes the Purchasing Agent to complete the direct purchase of one 2024 Ford Transit 12-Passenger Van from Downtown Ford in Sacramento for a total cost not to exceed $61,365.70.
PASSED AND APPROVED this 18
th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
______________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
ASW-051724-1440
Name DATE 5/17/2024
Address SALES REP AARON
City SALINAS State CA Zip 93901 PHONE 916-929-0577
Phone FOB SACRAMENTO
Qty Unit Price TOTAL
1 $49,626.00 $49,626.00
CLIN:
OPTIONS
1 $968.00 $968.00
1 $120.00 $120.00
1 $45.00 $45.00
1 $486.00 $486.00
1 $500.00 $500.00
1 $310.00 $310.00
2 $399.00 $798.00
1 $85.00 $85.00
SALES TAX CALCULATED AT:
SubTotal $52,938.00
DELIVERY $600.00
Cash SALES TAX $4,896.77
Check CA Tire Tax $8.75
Credit Card TOTAL $58,443.52
Name
CC #
Expires
DOC FEE
PRICING BELOW SUBJECT TO CHANGE
EXTERIOR COLOR: WHITE
68H - RUNNING BOARD PASSENGER SIDE
86F - EXTRA KEY W/ KEY FOB
86W - ALL WEATHER FLOOR MATS
Description
SIGNATURE________________________________DATE_________
$500 DISCOUNT WITH PAYMENT IN 20 DAYS
Office Use Only
STATE OF CALIFORNIA CONTRACT: 1-22-23-23F
2024 FORD TRANSIT 12 PASSENGER VAN
BASED ON REGISTRATION ADDRESS
TONYA ERICKSON - SALINAS POLICE DEPT
312 E. ALISAL ST
831-758-7325
9.250%
29 X2C - CHANGE TO MEDIUM ROOF
942 - DAYTIME RUNNING LIGHTS
53B - HEAVY DUTY TRAILER TOW PACK
92E - PRIVACY GLASS
525 N16TH STREET, SACRAMENTO, CA 95811
PHONE: 916-299-3529
QUOTE
Payment Details
Customer
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-345, Version: 1
Agreement for Services with Cadence Team, Inc. for Network Infrastructure Maintenance and Support Approve a Resolution authorizing the City Manager to execute an Agreement for Services (Agreement) with Cadence Team, Inc. to provide network infrastructure maintenance, and support for a one (1) year term in an amount not to exceed $60,000.
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: JUNE 18, 2024
DEPARTMENT: FINANCE DEPARTMENT
FROM: SELINA ANDREWS, FINANCE DIRECTOR
BY: CARLOS ORTEGA, IT DIVISION MANAGER
TITLE: AGREEMENT FOR SERVICES WITH CADENCE TEAM, INC.
FOR NETWORK INFRASTRUCTURE MAINTENANCE AND
SUPPORT
RECOMMENDED MOTION:
A motion to approve a Resolution authorizing the City Manager to execute an Agreement for Services (Agreement) with Cadence Team, Inc. to provide network infrastructure maintenance, and support for a one (1) year term in an amount not to exceed $60,000.
EXECUTIVE SUMMARY:
Approval of the Resolution will allow the City to continue to provide reliable and secure network communications to facilitate the use of technology applications and services. Cadence Team, Inc. provides the City of Salinas with standard network infrastructure maintenance, and advanced support. Cadence Team, Inc. also provides the City of Salinas with network monitoring and configuration back-up tools to minimize service impact durations by ensuring that network equipment configurations can promptly be restored in the event of a hardware failure.
BACKGROUND:
Cadence Team, Inc. has been providing the City of Salinas with network infrastructure design, network maintenance, and support since August 2021. Cadence Team’s TeamCare-Foundation service package offers hybrid managed services. TeamCare-Foundation is designed to partner with City of Salinas IT staff to address and quickly resolve network infrastructure related issues. This allows City of Salinas IT staff to focus on improving customer service by having access to advanced levels of technical network support. Standard network infrastructure, network maintenance, and support services to be provided by Cadence Team, Inc. include:
Unlimited Service Calls
Remote and On-Site Problem Resolution
Network Documentation
Firmware Management & Review
Health Checks
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Network Monitoring
Warranties and Renewals Management
Blocks of Time
Asset Lifecycle Management
CEQA CONSIDERATION:
Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
STRATEGIC PLAN INITIATIVE:
This request supports City Council’s Strategic Goals and Strategies of Effective and Culturally Responsive Government, by ensuring that the information systems can support City programs, projects, network infrastructure and City services.
DEPARTMENTAL COORDINATION:
This staff report has been coordinated with the City Manager’s Office and City Attorney’s Office.
FISCAL AND SUSTAINABILITY IMPACT:
Funds are available and appropriated in 1000.20.2033. No additional funding is required at this time.
ATTACHMENTS:
1. Resolution
2. Quote
Page | 1
RESOLUTION NO. (N.C.S.)
A RESOLUTION OF THE CITY COUNCIL OF SALINAS TO APPROVE THE
RENEWAL OF AN AGREEMENT FOR SERVICES BETWEEN THE CITY OF SALINAS AND CADENCE TEAM, INC.
WHEREAS, the City desires to renew and maintain its Agreement for Services with Cadence Team, Inc.; and
WHEREAS, Cadence Team Inc., will provide network support for the City of Salinas NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes the City Manager to negotiate and execute an Agreement with Cadence Team Inc., to provide network infrastructure maintenance, and support for a one (1) year term in an amount not to exceed $60,000.
PASSED AND APPROVED this 18
th day of June, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_______________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
Cadence Team, Inc Phone: 844.934.8326
Remittance Address: Fax: 844.923.5878
733 Sherwood Dr.
Company: City of Salinas Date: 5/15/2024 Expiration: 6/30/2024 Attn: Carlos Ortega Shipping Method: NA Sales Rep:
Project: TeamCARE Support Est. Delivery: TBD Direct:
Contract #: Terms: NET30 Email:
Part Number Description Qty. List Price Unit Price Extended Tx Disc % TC-1Q TeamCARE Contract - Quarterly (Prepaid) 4 $15,000.00 $15,000.00 $60,000.00 N 0% Includes 102 Auvik Nodes for Network Monitoring
Sub Total: $0.00
Non Taxable: $60,000.00
Tax: $0.00
Credit: $0.00
Freight: $0.00
Total: $60,000.00
Tax Rate:
Terms and Conditions
Warranty: NA
Maintenance: NA
Terms: No Returns
Equipment: All orders invoice upon receipt of purchase order Customer Signature:
Print:
Title:
Date:
Yuba City, CA 95991
www.cadence.team
Professional Services
Jeremy_Caudill
916.710.8264
[email protected]
Customer Signature authorizes Cadence Team to process the order in place of a purchase order. Prices are subject to change without notice in the event the products manufacturer/publisher raises the price to Cadence Team.
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-350, Version: 1
HVAC Maintenance Service Agreement Amendment No. 2
Approve a Resolution authorizing the City Manager to execute Amendment No. 2 with Environmental Systems Inc. for HVAC Maintenance Services to modify the compensation terms to increase the annual rate of compensation by Two Hundred Eighty Dollars ($280) for a total not to exceed amount of Seventy Thousand Seven Hundred Fifty Dollars ($70,750).
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: June 18, 2024
DEPARTMENT: PUBLIC WORKS
FROM: DAVID JACOBS, PUBLIC WORKS DIRECTOR
BY: SEAN SCHMIDT, FACILITIES MANAGER
TITLE: HVAC MAINTENANCE SERVICE AGREEMENT AMENDMENT
NUMBER 2
RECOMMENDED MOTION:
A motion to approve a resolution authorizing the City Manager to execute Amendment No. 2 with Environmental Systems Inc. for HVAC Maintenance Services to modify the compensation terms to increase the annual rate of compensation by Two Hundred Eighty Dollars ($280) for a total not to exceed amount of Seventy Thousand Seven Hundred Fifty Dollars ($70,750).
EXECUTIVE SUMMARY:
The City entered into an agreement with Environmental Systems Inc. on April 4, 2023, for a notto-exceed amount of Fifty-Three Thousand Nine Hundred Fifty Dollars ($53,950) annually, plus an hourly rate for emergency call backs. Amendment No.1 added $16,800 to the agreement for services at the permit center. There was a miss calculation to amendment No.1, by $280. Totaling $70,470, when the amount should be $70,750. Amendment No. 2 is to add those additional services to 65 West Alisal (Permit Center) and increase compensation by Two Hundred Eighty Dollars ($280) for a total not-to-exceed amount of Seventy Thousand Seven Hundred Fifty Dollars ($70,750). The amendment is requested to ensure services may continue and that the City infrastructure is managed correctly and safely.
BACKGROUND:
On October 18, 2022, a Request for Proposals (“RFP”) for City HVAC Services was published via Planet Bids, an online bidding tool. A total of 13 vendors were notified, subsequently 2 registered as prospective bidders. A pre-proposal conference, attended by two prospective bidders, was held on October 24. Proposals were due on November 7, 2022, at which time two vendors submitted proposals for evaluation.
An evaluation committee comprised of four cross-departmental City staff members was formed.
The committee conducted a thorough evaluation of the proposals based on the criteria set forth in the RFP. Respondents’ prices were then evaluated using a points method and a final score assigned to each respondent per facility group. Local vendors were allotted a 10%-point increase as Page | 2
identified in the RFP. On February 20, 2024, an amendment was approved to add 65 West Alisal St to the HVAC Services agreement. On initial inspection, it was found that the need for service was of greater extent than anticipated and an increase of funding is required.
The City facilities requiring HVAC services consist of a mix of, recreation centers, & office/public buildings facilities. These include the following:
GROUP/CATEGORY FACILITY LOCATION
Facilities City Hall and Rotunda 200 Lincoln Avenue, 93901 Rec Centers
Community Development
Sherwood Hall 940 N Main Street, 93906
Aquatic Center 1 E Bernal Dr.
Permit Center 65 West Alisal
CEQA CONSIDERATION:
Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
STRATEGIC PLAN INITIATIVE:
This item relates to the City Council’s Strategic Plan to have a Well-Planned City and Excellent Infrastructure. It’s the City’s goal to safely and efficiently manage the infrastructure with which we have been entrusted.
DEPARTMENTAL COORDINATION:
The Maintenance Services division within Public Works Department worked hand in hand in the formulation of the amendment and throughout the process. Facilities Staff made up the evaluation submittal review process. Legal staff reviewed the amendments as to form and legality, while Finance will assist Public Works in the issuance of a purchase order and monitoring of progress payments.
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FISCAL AND SUSTAINABILITY IMPACT:
The agreement with Environmental Systems Inc. is for $70,750 per year which will be funded through the Departments’ operation budgets within their respective cost centers. A breakdown by fund and appropriation is listed below.
Available budget and proposed costs are outlined in the table below.
FACILITY (FUND/APPROPRIATION)
PROPOSED
ANNUAL
COST
AVAILABLE
BUDGET
(THRU JUNE
2024)
PROPOSED COST
(DEC THRU JUNE
2024)
City Hall and Rotunda 1000.50.5232 $20,220 $20,220 $20,500 Sherwood Hall 1200.55.6243 $33,450 $20,220 $33,450
Permit Center 1000.80.8003 $16,800 $19,428 $16,800
Total $70,750 $59,868 $70,750
ATTACHMENTS:
Resolution
Amendment No. 2
Agreement for Services
RESOLUTION NO. _______ (N.C.S.)
A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO ENVIRONMENTAL SYSTEMS INC. AGREEMENT FOR HVAC SERVICES
WHEREAS, on October 18, 2022, the city conducted a request for proposals (“RFP”) for city wide HVAC services at various facilities; and
WHEREAS, proposals for said work were received at the office ofthe City Clerk at City Hall, 200 Lincoln Avenue, Salinas California until November 7, 2022; and WHEREAS, a total of two vendors submitted proposals for evaluation; and WHEREAS, an evaluation committee, comprised of four, cross-departmental City staff members, conducted a thorough evaluation and scoring of the proposals based on the criteria set forth in the RFP; and
WHEREAS, using the Point Method each proposal’s cost was evaluated, assigned a score then combined with the evaluation committees’ score (from the RFP criteria), thus providing a final "score" from each vendor per facility; and WHEREAS, the City and Contractor amended the Agreement to reflect the additional work that will be completed by the end of the contract term and by increasing the annual compensation rate by Sixteen Thousand Eight Hundred Dollars ($16,800) for a total compensation of Seventy Thousand Four Hundred Seventy Dollars. ($70,470); and WHEREAS, the City and Contractor agreed to add an additional facility, 65 West Alisal (Permit Center), to the scope of service. Contractor hereby agrees to provide the following services: Quarterly HVAC maintenance service on city buildings.
WHEREAS, the City and Contractor desire to amend the Agreement to reflect the additional work that will be completed by the end of the contract term and by increasing the annual compensation rate by Two Hundred Eighty Dollars ($280) for a total compensation of Seventy Thousand, Seven Hundred Fifty Dollars. ($70,750); and
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council, pursuant to Salinas Municipal Code Section 12-21, in reference to HVAC services contract approves Amendment #2 to reflect the additional funds that will be completed by the end of the contract term and by increasing the annual compensation rate by Two Hundred, Eighty Dollars ($280) for a total compensation of Seventy Thousand Four Hundred Seventy Dollars. ($70,750) PASSED AND APPROVED this 18th day of June, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
______________________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
Version: November 2023
AGREEMENT —AMENDMENT NO. 2 TO
ENVIRONMENTAL SYSTEMS INC AGREEMENT FOR HVAC SERVICES
This Amendment No. 2 to the HVAC Services Agreement is entered into this 18th day of June 2024, by and between the City of Salinas (the “City”) and Environmental Systems Inc., (the “Contractor”) City and Contractor may be individually referred to herein as a “Party” and collectively the City and Contractor may be referred to as the “Parties.”
RECITALS
WHEREAS, pursuant to Resolution # 22630, the City and Contractor first entered into an agreement for HVAC Services effective April 4th, 2023, for Fifty-Three Thousand Six Hundred Seventy Dollars ($53,670) to which Contractor agreed to act as and provide certain services to the City for compensation (the “Agreement”); and WHEREAS, the City and Contractor desire to amend the Agreement to reflect the additional work that will be completed by the end of the contract term and by increasing the annual compensation rate by Sixteen Thousand, Eight Hundred Dollars ($16,800) for a total compensation of Seventy Thousand Four Hundred Seventy Dollars. ($70,470); and
WHEREAS, the City and Contractor agreed to add an additional facility, 65 West Alisal (Permit Center), to the scope of service. Contractor hereby agreed to provide the following services: Quarterly HVAC maintenance service on city buildings.
WHEREAS, the City and Contractor desire to amend the Agreement to reflect the additional work that will be completed by the end of the contract term and by increasing the annual compensation rate by Two Hundred Eighty Dollars ($280) for a total compensation of Seventy Thousand, Seven Hundred Fifty Dollars. ($70,750); and NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:
TERMS
1. The Agreement, 1
st and 4th section, is amended to add the following,
2. PAYMENT The Agreement, Compensation section is amended increasing the amount by Two Hundred, Eighty Dollars ($280). The total amount of compensation to be paid under this Amended Agreement shall not exceed Seventy Thousand Seven Hundred Fifty Dollars. ($70,750).
3. SCOPE The Agreement, Scope of work section for attachment C will add additional funds to the facility at, 65 West Alisal (Permit Center).
4. All other covenants, terms, and conditions set forth in the Agreement and not amended by this Amendment No. 1 shall remain in full force and effect as if fully set forth herein.
IN WITNESS WHEREOF, the undersigned, as authorized representatives of the City and Contractor have entered into this Agreement as of the date first written above.
CITY OF SALINAS
Version: November 2023
___________________________________
Rene Mendez, City Manager
APPROVED AS TO FORM:
___________________________________
□ Christopher A. Callihan, City Attorney
□ Rhonda Combs, Assistant City Attorney
Environmental Systems Inc
____________________________________
Printed name: __Gene Enfantino_________
Title: __Corp. Sec._____________________
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AGREEMENT FOR SERVICES BETWEEN
THE CITY OF SALINAS AND ENVIRONMENTAL SYSTEM INC
HVAC Services
THIS AGREEMENT is executed this 4th day of April 2023, Agreement between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”) and Environmental Systems Inc, a California corporation (Hereinafter “Contractor”).
IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
1. Scope. Contractor hereby agrees to provide to the City, as the scope of services under this Agreement, the following services: Quarterly HVAC maintenance service on city buildings.
Scope of work is further discussed in City’s Request for Proposal for City HVAC services, Attachment B and Contractor’s Proposal dated 10/18/23, Attachment C further explains the requirement from the Department of Industrial Relations.
2. Timeliness. Contractor shall perform all tasks in a timely fashion, as set forth more specifically in Section 3 below. Failure to so perform is hereby deemed a material breach of this Agreement, and City may terminate this Agreement with no further liability hereunder, or the city may agree in writing with Contractor to an extension of time.
3. Term. The work under this Agreement shall commence April 4, 2023 and shall be continue for a period of three years, through April 4, 2026 (Initial Term). City and Contractor have the option to extend the term for five one-year annual renewal extensions provided a written request is received no less than 60days before the end of the initial term unless City grants a written extension of time as set forth in Section 2 above.
4. Payment. City agrees to pay, and Contractor agrees to accept as full and fair consideration for the performance of this Agreement, Fifty-Three Thousand Nine Hundred Fifty Dollars ($53,950) annually, plus an hourly rate for emergency call backs (Items C1) as more fully described in title of Contractors fee schedule, Attachment C. Contractor has no right of reimbursement for expenses under this Agreement. Compensation shall become due and payable 30 days after City’s approval of Contractor’s submission of monthly written invoices to the City.
The payment of any compensation shall be contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If City determines that the work set forth in the written invoice has not been performed in accordance with the terms of this Agreement, City shall not be responsible for payment until such time as the work has been satisfactorily performed.
5. Meet & Confer. Contractor agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by City to insure timely and adequate performance of this Agreement.
6. Insurance. Contractor shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Attachment A hereto.
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7. Indemnification. Contractor shall hold harmless, defend at its own expense, and indemnify City and its officers, officials, employees, agents, and volunteers from and against all liability, claims, damages, losses, and/or expenses including reasonable City attorney fees arising from all acts or omissions of Contractor or its officers, agents, or employees arising out of the performance of the work under this Contract, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the sole negligence or willful misconduct of the City.
8. Licensing. Contractor warrants that it is properly licensed to perform the work specified under this Agreement, including but not limited to possession of a current City business license.
9. Termination. City may terminate this Agreement upon ten days’ written notice. The amount of damages, if any, as a result of such termination may be decided by negotiations between the parties or before a court of competent jurisdiction.
10. Agency. In performing the services specified under this Agreement, Contractor is hereby deemed to be an independent contractor and not an agent or employee of City.
11. Non-Assignability. The rights and obligations of Contractor hereunder are not assignable and cannot be delegated without written consent of City.
12. Entire Agreement. This Agreement constitutes the entire Agreement between the parties hereto and supersedes any and all prior agreements, whether oral or written, relating to the subject matter thereof. Any modification of the Agreement will be effective only if it is in writing signed by both parties hereto.
13. Validity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way.
14. Counterparts. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts.
15. Laws. Contractor agrees that in the performance of this Agreement it will comply with all applicable State, Federal and local laws and regulations. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.
IN WITNESS WHEREOF, this Agreement is entered into by the parties hereto on the day and year first written above.
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CITY OF SALINAS
__________________________________
Steven S. Carrigan
City Manager
APPROVED AS TO FORM:
_________________________________
Christopher A. Callihan, City Attorney, or
Rhonda Combs, Assistant City Attorney
CONTRACTOR
___________________________________
By (Printed Name):___________________
Its (Title):___________________________
DocuSign Envelope ID: A5EA2ADC-0E05-400D-9567-6FD3DF969F0C Gene Enfantino
Corp. Sec.
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Attachment A
Insurance Requirements
Contractor shall procure and maintain for the duration of the contract, and for three years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his/her/its officers, agents, representatives, employees, and/or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, on an annual basis.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Contractor requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by DocuSign Envelope ID: A5EA2ADC-0E05-400D-9567-6FD3DF969F0C Agreement for Services v. January 2021 Page 5 of 26
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or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.
4. A copy of the claims reporting requirements must be submitted by Contractor to the City.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractor’s Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractor’s Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including an additional insured endorsement and all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins.
However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Maintenance of Insurance
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Contractor of its indemnification obligations or any responsibility whatsoever and the Contractor may carry, at its own expense, such additional insurance as it deems necessary.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Payment bond
2. Performance bond
3. Maintenance bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty, a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
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Attachment B
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Attachment B
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Attachment C
DEPARTMENT OF INDUSTRIAL RELATIONS’ STATE LABOR CODE
Labor Law Requirements
(CCR Title 8, Section 16421)
This public works project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”). All work shall be in accordance with wage scales and applicable determinations made by the Director of the DIR, as provided by Article 2, Chapter 1, Division 2, Part 7 of the Labor Code of the State of California, commencing with §1771.
Penalties for violations may be applied by the DIR pursuant to the Labor Code §1813 and §1815. The Contractor shall indemnify, hold harmless, and defend the City (with counsel reasonably approved by the City) against any claim for damages, compensation, fines, penalties, or other amounts arising out of the failure or alleged failure of any person or entity (including Contractor and its subcontractors) to pay prevailing wages as determined pursuant to Labor Code §1720, and hereby agrees to, §§1771-1774; to employ apprentices pursuant to Labor Code §1777.5 etseq., and/or to comply with the other applicable provisions of Labor Code §1720 etseq., §§1771- 1774, §1777.5 et seq., and the implementing regulations of the DIR in connection with the scope of work. This indemnification section shall survive the expiration of the Term.
The Federal and State Labor Law requirements applicable to the Agreement are composed of, but not limited, to the following items:
1. Payment of Prevailing Wage Rates: All contractors, including subcontractors, shall pay no less than the prevailing rate of wages (Labor Code §1775), including the rates for holidays and overtime work (Labor Code §§1813 and 1815), to all workers employed in the execution of the contract (Labor Code §1774), pursuant to Labor Code §§1720-1784.
The prevailing rates are those issued as wage determinations by the DIR, for each craft, classification and type of work. The current wage rate information can be found at the DIR’s website at: https://www.dir.ca.gov/oprl/DPreWageDetermination.htm.
Copies of the prevailing rate of per diem wages are on file at City’s Public Works Department (principal place of office). Contractor shall post a copy of the determination of the Director of DIR of the prevailing rate of per diem wages at each job site.
2. Apprentices: Contractor and subcontractors shall employ registered apprentices on this public works Agreement pursuant to Labor Code §1777.5. All contractors on this project (prime and subcontractors) are required to submit the Division of Apprenticeship Standards’ (“DAS”) Public Works Contract Award Information (DAS 140) form to all applicable apprenticeship committees no later than 10 days before commencing work.
Additionally, all contractors are required to request registered apprentices (DAS 142 form).
Penalties for failure to pay prevailing wages (for non-exempt projects) and failure to employ apprentices include forfeitures and debarment under Labor Code §§1775 and 1777.7.
3. Certified Payroll Records: All contractors, including subcontractors, must maintain and file certified payroll records (“CPRs”) pursuant to Labor Code §1776. Additionally, all contractors and subcontractors must furnish certified payroll records into the DIR’s Electronic Certified Payroll Reporting (“eCPRs”) database DocuSign Envelope ID: A5EA2ADC-0E05-400D-9567-6FD3DF969F0C Agreement for Services v. January 2021 Page 25 of 26
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(https://efiling.dir.ca.gov/eCPR/pages/eCPROnlineForm.jsp). Penalties apply to Contractor and any Subcontractors for failure to do so under Labor Code §1777.
4. Subcontracting: Contractors are required to list all subcontractors hired to perform work on this public works agreement.
5. Proper Licensing/Registration: All contractors and subcontractors are required to be properly licensed, in accordance with the Provisions of Chapter 9 of Division 3 of the Business and Professions Code and subject to the requirements of §4104 of the Public Contract Code. In addition, all contractors including subcontractors must submit proof of current registration to perform public work, pursuant to Labor Code §1771.1. Contractors are required to be properly licensed and to require all subcontractors to be properly licensed. Penalties for employing workers while unlicensed under Labor Code §1021 and under the California Contractors License Law, found at Business and Professions Code §7000 et. seq.
6. Job Site Notices: Contractors are required to post all required notices (posters) on the job site in an area accessible to all workers, including subcontractors. Posters must be readable and placed in visible areas allowing workers to access the posters before, during, and after work shifts. Jobsites with multiple locations must include a portable poster board to ensure continued access to the information. Posters placed in foreman, supervisor, or employee vehicles, in an offsite job trailer, or inside a temporary restroom do not meet the posting requirement. Posters may be printed from the DIR’s website at:
http://www.dir.ca.gov/wpnodb.html.
7. Nondiscrimination in Employment – Equal Employment Opportunity (“EEO”):
Employment discrimination is prohibited, pursuant to Labor Code §1777.6, the Government Code, and Title VII of the Civil Rights Act of 1964.
8. Kickbacks Prohibited: Contractors and subcontractors are prohibited from recapturing wages illegally by accepting or extracting “kickbacks” from employee wages pursuant to Labor Code §1778.
9. Acceptance of Fees Prohibited: Contractors and subcontractors are prohibited from accepting fees for registering any person for public work or for filling work orders on public works contracts, pursuant to Labor Code §§1779 and 1780.
10. Unfair Competition Prohibited: Contractors and subcontractors are prohibited from engaging in unfair competition as specified under Business and Professions Code §§17200 - 17208.
11. Workers’ Compensation: Contractors and subcontractors must be properly insured for Workers’ Compensation under Labor Code §1861. Contractor hereby represents that Contractor is aware of the provisions of Section 3700 of the Labor Code, which require every employee to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor will comply with such provisions before commencing the performance of the work of this agreement.
12. OSHA: Contractors and subcontractors must abide by the Occupational, Safety, and Health Laws and regulations that apply.
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Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-355, Version: 1
Purchase of Battery Backup System for Servers
Approve a Resolution authorizing the Purchasing Agent to purchase an Uninterruptible Power Supply system from CDW-G LLC., for server equipment in an amount not to exceed $81,000.
City of Salinas Page 1 of 1 Printed on 6/14/2024
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: JUNE 18, 2024
DEPARTMENT: FINANCE DEPARTMENT
FROM: SELINA ANDREWS, FINANCE DIRECTOR
BY: CARLOS ORTEGA, IT DIVISION MANAGER
TITLE: PURCHASE OF BATTERY BACKUP SYSTEM FOR SERVERS
RECOMMENDED MOTION:
A motion to approve a Resolution authorizing the Purchasing Agent to purchase an Uninterruptible Power Supply system from CDW-G LLC., for server equipment in an amount not to exceed $81,000.
EXECUTIVE SUMMARY:
Approval of the Resolution will allow the City to continue to provide reliable and consistent access to servers and network equipment hardware that run City-wide technology applications and network services. The current Uninterruptible Power Supply (UPS) devices located in the Information Services Division’s server room have exceeded their recommended hardware lifecycles and need to be replaced. The proposed UPS purchase encompasses a complete solution that will provide reliable power to all server and network equipment located in the Information Services Division’s server room.
BACKGROUND:
The City’s core technology infrastructure relies on clean and consistent power from the PG&E grid. In the event of power outages, due to unforeseen circumstances, a UPS device provides power to the equipment until backup generator power becomes available. Currently, the server room has fourteen (14) medium size UPS units that have exceeded their recommended hardware life cycles.
Rather than replace all fourteen (14) units, the Information Services Division has elected to evaluate a UPS solution that consolidates into one large UPS unit.
Information Services Division staff collaborated with Cadence Team Inc., to evaluate the power requirements of the server hardware and engaged Schneider Electric to perform a power assessment of the server room. The assessment was conducted over a period of three (3) days and the information gathered from the report was used to recommend a large UPS unit. The proposed UPS unit will reduce operating expenses by utilizing high voltage and proper unit sizing.
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Cadence Team Inc., CDW-G, LLC., and Schneider Electric IT Corp. provided quotes for identical units and accessories. CDW-G, LLC. provided the lowest quote as part of the Government Cooperative Purchasing Program. A 5% contingency has been factored into the total amount.
Funding has been approved as part of the FY 2023-24 Annual Budget.
CEQA CONSIDERATION:
Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
STRATEGIC PLAN INITIATIVE:
This request supports City Council’s Strategic Goals and Strategies of Effective and Culturally Responsive Government, by ensuring that the information systems can support City programs, projects, network infrastructure and City services.
DEPARTMENTAL COORDINATION:
This staff report has been coordinated with the Public Works Department, City Manager’s Office and the City Attorney’s Office.
FISCAL AND SUSTAINABILITY IMPACT:
Funds are available and appropriated in 1000.20.2033. No additional funding is required at this time.
ATTACHMENTS:
1. Resolution
2. CDW-G Quote
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RESOLUTION NO. (N.C.S.)
A RESOLUTION OF THE CITY COUNCIL OF SALINAS TO APPROVE THE
PURCHASE OF BATTERY BACKUP SYSTEM FOR SERVERS
WHEREAS, the City desires to replace aging UPS equipment in the Information Technology Division’s server room; and
WHEREAS, a power assessment was completed over a period of three days; and WHEREAS, an informal competitive bidding process was completed and CDW-G LLC., provided the lowest bid; and
WHEREAS, the Information Technology Division is requesting an additional five (5) percent contingency totaling $3,793.03.
NOW, THEREFORE, BE IT RESOLVED that the Salinas City Council authorizes the Purchasing Agent to purchase a battery backup system from CDW-G LLC., in an amount not to exceed $81,000.
PASSED AND APPROVED this 18
th day of June, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_______________________
Kimbley Craig, Mayor
ATTEST:
_________________________
Patricia M. Barajas, City Clerk
City of Salinas
Legislation Text
200 Lincoln Ave., Salinas,
CA 93901
www.cityofsalinas.org
File #: ID#24-356, Version: 1
Amendment No. 5 to Agreement for Services with Benitez Security Services, Inc.
Approve a Resolution authorizing the City Manager to execute Amendment No. 5 to Agreement for Services (No. 22ARPA04) with Benitez Security Services, Inc. to increase the compensation amount for a total amount not to exceed $1,285,237 and to extend the term to October 31, 2024.
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CITY OF SALINAS
COUNCIL STAFF REPORT
DATE: JUNE 18, 2024
DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: LISA BRINTON, DIRECTOR
THROUGH: FRANCISCO BRAMBILA, ACTING PLANNING MANAGER
BY: JACQUELINE SMITH, HOMELESS SERVICES MANAGER
TITLE: AMENDMENT NO. 5 TO AGREEMENT FOR SERVICES WITH
BENITEZ SECURITY SERVICES, INC.
RECOMMENDED MOTION:
A motion to approve a Resolution authorizing the City Manager to execute Amendment No. 5 to Agreement for Services (No. 22ARPA04) with Benitez Security Services, Inc. to increase the compensation amount for a total amount not to exceed $1,285,237 and to extend the term to October 31, 2024.
EXECUTIVE SUMMARY:
Prior to April 2023, the City of Salinas (City) had implemented its Emergency Motel Program (EMP), providing emergency shelter and housing navigation services, at the County Inn in Marina.
This program was supported by 24-hour security services from Benitez Security Services, Inc. (BSSI). On April 1, 2023, the City transferred the EMP, along with its service providers and security services, to a new location at the Steinbeck Lodge in Salinas. The initial term of operation at this new location was through March 31, 2024; however, additional amendments were executed to extend security services to June 30, 2024. To maintain uninterrupted security services at Steinbeck Lodge while the City completes a Request for Proposals and selection process for security services, another amendment to the Agreement is required. Amendment No. 5 increases the compensation amount by $220,000 for a total amount not to exceed $1,285,237 and extends the term to October 31, 2024. The Encampment Resolution Fund (ERF) is the funding source for the Agreement.
BACKGROUND:
In recognition of the acceptance of additional County funds, on December 1, 2022, the City and BSSI first entered into an Agreement for Services No. 22ARPA04 (Agreement) to provide security services for the EMP. This agreement, commencing on January 1, 2023, and ending on June 30, 2023, stipulated a total compensation not to exceed $486,000.
Page | 2
On April 6, 2023, the City and BSSI executed Amendment No. 1 to the Agreement to extend the term through August 31, 2023, as operations of the EMP moved to the Steinbeck Lodge in Salinas.
On June 13, 2023, the City and BSSI executed Amendment No. 2 to the Agreement. This amendment increased the compensation amount by $420,000, bringing the total to not exceed $906,000, and extended the term through March 31, 2024. Funding for the Agreement and Amendments was provided by appropriations from the City American Rescue Plan Act (ARPA), County’s Project Room Key Motel Program and ARPA (County ARPA), ERF, and the General Fund for Homeless Services Coordination.
On January 9, 2024, the Council adopted Resolution No. 22875, consenting to accept a grant in the amount of $8,081,101.25 for the term 2024 to 2027 from the California Interagency Council on Homelessness (Cal ICH) Encampment Resolution Fund (ERF) Program.
On March 28, 2024, the City and BSSI, executed Amendment No. 3, to extend the term through April 30, 2024. This amendment did not require City Council approval as the amount of the agreement did not increase.
On May 1, 2024, the City and BSSI executed Amendment No. 4 to the Agreement to increase compensation by $159,237 to a total not to exceed $1,065,237 and extend the term until June 30, 2024.
In recognition of the acceptance of additional ERF funds that ensure continuous security services at the EMP, the City has prepared and released a Request for Proposal (RFP) to identify a security provider through a competitive selection process. It is anticipated that staff will return with an Agreement for Services with the selected security provider not later than September 2024.
To maintain uninterrupted security services at Steinbeck Lodge while the City completes the RFP and selection process, another amendment to the Agreement is required. The recommended Amendment No. 5 increases compensation by $220,000 for a total amount not to exceed $1,285,237 and extends the term until October 31, 2024.
CEQA CONSIDERATION:
Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
STRATEGIC PLAN INITIATIVE:
The proposed agreements will advance the City of Salinas Strategic Plan 2022-2025 Goals and Housing/Affordable Housing through continued provision of security for the safety of immediate housing opportunities at the EMP which are supported by robust housing navigation leading to permanent housing placements.
DEPARTMENTAL COORDINATION:
This agenda item was prepared by and is solely administered by the Community Development Department with contributions from both the City Attorney and Finance Department.
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FISCAL AND SUSTAINABILITY IMPACT:
Amendment No. 5 to the Agreement with BSI will be funded by available appropriations from the Encampment Resolution Fund program. There will be no impact to General Fund.
ATTACHMENTS:
Resolution
Amendment No. 5 to Benitez Agreement for Services – Draft Agreement for Services and Amendments No. 1-4
Resolution 22875 – Cal ICH Encampment Resolution Fund
RESOLUTION NO. ____________ (N.C.S.)
A RESOLUTION AUTHORIZING THE EXECUTION OF AMENDMENT NO. 5 TO AGREEMENT FOR SERVICES WITH BENITEZ SECURITY SERVICES, INC.
WHEREAS, the City of Salinas (City) currently serves as the administrative entity for an Emergency Motel Program (EMP) jointly funded by the City and County of Monterey (County) to provide immediate housing to unhoused individuals; and WHEREAS, On December 1, 2022, the City and Benitez Security Services Inc. (BSSI) first entered into an Agreement for Services No. 22ARPA04 (Agreement) to provide security services the Salinas Motel Program formally known as the ARPA/PRK Motel Program (Agreement) effective January 1, 2023, and ending on June 30, 2023, and stipulated a total compensation not to exceed $486,000; and
WHEREAS, on April 6, 2023, the City and BSSI executed Amendment No. 1 to the Agreement to extend the term through August 31, 2023.
WHEREAS, On May 16, 2023, the City and BSSI executed Amendment No. 2 to the Agreement, which increased the compensation amount by $420,000, bringing the total to not exceed amount to $906,000, and extended the term through March 31, 2024; and WHEREAS, on March 28, 2024, the City and BSSI executed Amendment No. 3, to extend the term through April 30, 2024; and
WHEREAS, on May 1, 2024, the City and BSSI executed Amendment No. 4 to the Agreement to increase compensation by $159,237 for a total not to exceed compensation amount of $1,065,237 and to extend the term until June 30, 2024; and WHEREAS, the proposed Amendment No. 5 to the Agreement increases the compensation amount by $220,000, bringing the total to not exceed compensation amount to $1,285,237, and extends the term to October 31, 2024;
WHEREAS, the funding source for this Amendment will be appropriations from the Encampment Resolution Fund program; and
WHEREAS, the City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Salinas that it hereby authorizes the City Manager, for and on behalf of the City of Salinas, to execute Amendment No. 5 to the Agreement with BSSI to increase the total compensation amount by $220,000 for a total not exceed compensation amount of $1,285,237 and to extend the term until October 31, 2024.
PASSED AND APPROVED this 18th day of June 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
Kimbley Craig, Mayor
ATTEST:
__________________________________
Patricia M. Barajas, City Clerk
FUNDING AGREEMENT AMENDMENT No. 5
CITY OF SALINAS
AND
BENITEZ SECURITY SERVICES, INC.
FOR
SECURITY SERVICES FOR THE SALINAS MOTEL PROGRAM
(FORMALLY KNOWN AS THE ARPA/PRK MOTEL PROGRAM)
Agreement No. 22ARPA04
This Amendment No. 5 to the Original Funding Agreement is entered on June 18, 2024, between BENITEZ SECURITY SERVICES, INC. a California corporation (Hereinafter Contractor) and the CITY OF SALINAS, a California charter city and municipal corporation (City).
WITNESSETH
WHEREAS, On December 1, 2022, the City and Benitez Security Services Inc. (BSSI) first entered into an Agreement for Services No. 22ARPA04 (Agreement) to provide security services the Salinas Motel Program formally known as the ARPA/PRK Motel Program (Agreement) effective January 1, 2023, and ending on June 30, 2023, and stipulated a total compensation not to exceed $486,000; and
WHEREAS, on April 6, 2023, the City and BSSI entered into Amendment No. 1 to the Agreement to extend funding term through August 31, 2023; and WHEREAS, on June 13, 2023, the City and BSSI. entered into Amendment No. 2 to the Agreement to increase compensation to an amount not to exceed $906,000, and extend term through March 31, 2024; and
WHEREAS, on March 28, 2024, the City and BSSI entered into Amendment No. 3 to the Agreement to extend funding term through April 30, 2024; and WHEREAS, on May 1, 2024, the City and BSSI entered into Amendment No. 4 to the Agreement to increase compensation to an amount not to exceed $1,065,237 and extend term through June 30, 2024; and
WHEREAS, the City and Benitez Security Services Inc. desire to amend the Agreement to increase compensation and extend term through October 31,2024.
NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:
1. Section 3 entitled "Term” is revised to read as follows:
The work under this Agreement shall commence on January 1, 2023, and shall be completed by October 31, 2024, unless City grants a written extension of time as set forth in Section 2 above. This Agreement may be extended only upon mutual written consent of the parties on a month-to-month basis and may be terminated only pursuant to the terms of this Agreement.
2. First sentence of Section 4 entitled “Payment” is revised to read as follows:
City hereby agrees to pay, and Contractor agrees to accept as full and fair consideration for the performance of this Agreement, a total amount of compensation not to exceed one million two hundred eighty-five thousand two hundred and thirty-seven dollars ($1,285,237.00).
3. All terms, covenants and conditions stated in the Original Funding Agreement, Amendments No. 1, No. 2, No. 3, and No. 4 which are not herein amended, remain in full force and effect.
IN WITNESS HEREOF, the parties have executed this Amendment No. 5 effective as of the date shown above.
City of Salinas Grantee:
By: By:
Rene Mendez, City Manager Jesus Benitez, Chief Executive Officer APPROVED AS TO FORM:
By:
Christopher A. Callihan, City Attorney
FISCAL YEAR 2022-23
AGREEMENT FOR SERVICES BETWEEN
THE CITY OF SALINAS AND
BENITIEZ SECURITY SERVICES INC.
-7190436Ā.6:25782Ā/-)Ā.! !"(-#Ȁ.*'!Ȁ$$-"Ȁ* !Ȁ"%.&,-"$,+,$ This is an official document.
Do not make any changes to this document EXCEPT to modify your signature block on the last page as needed.
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Benitez Security Services, Inc.
January 2023
FISCAL YEAR 2022-23
AGREEMENT FOR SERVICES BETWEEN
THE CITY OF SALINAS
AND
BENITEZ SECURITY SERVICES, INC.
FOR
SECURITY SERVICES FOR THE ARPA/PRK MOTEL PROGRAM
Agreement Number: 22ARPA04
THIS AGREEMENT is executed this 1st day of December 2022, (“Agreement” or “Contract”) between the City of Salinas, a California Charter city and municipal corporation (hereinafter “City”) and Benitez Security Services, Inc., a California corporation (Hereinafter “Contractor”).
IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
1. Scope. Contractor hereby agrees to provide the City, security services for the ARPA/PRK Motel Program under this Agreement, as more fully described in Attachment B – Scope of Work, attached hereto and incorporated herein by reference.
2. Timeliness. Contractor shall perform all tasks in a timely fashion, as set forth more specifically in Section 3 below. Failure to so perform is hereby deemed a material breach of this Agreement, and City may terminate this Agreement with no further liability hereunder, or the city may agree in writing with Contractor to an extension of time.
3. Term. The work under this Agreement shall commence on January 1st, 2023, and shall be completed by June 30th, 2023, unless City grants a written extension of time as set forth in Section 2 above. This Agreement may be extended only upon mutual written consent of the parties on a month-to-month basis and may be terminated only pursuant to the terms of this Agreement.
4. Payment. City hereby agrees to pay and Contractor agrees to accept as full and fair consideration for the performance of this Agreement, a total amount of compensation not to exceed four hundred eighty-six thousand dollars ($486,000.00). Contractor has no right of reimbursement for expenses under this Agreement. Compensation shall become due and payable 30 days after City’s approval of Contractor’s submission of monthly written invoices to the City.
The payment of any compensation shall be contingent upon performance of the terms and conditions of this Agreement to the satisfaction of the City. If City determines that the work set forth in the written invoice has not been performed in accordance with the terms of this Agreement, City shall not be responsible for payment until such time as the work has been satisfactorily performed.
5. Meet & Confer. Contractor agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by City to insure timely and adequate performance of this Agreement.
6. Insurance. Contractor shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Attachment A hereto.
7. Indemnification. Contractor shall hold harmless, defend at its own expense, and indemnify City and its officers, officials, employees, agents, and volunteers from and against all -7190436Ā.6:25782Ā/-)Ā.! !"(-#Ȁ.*'!Ȁ$$-"Ȁ* !Ȁ"%.&,-"$,+,$ Agreement for Services v. January 2021 Page 2 of 6
Benitez Security Services, Inc.
January 2023
liability, claims, damages, losses, and/or expenses including reasonable City attorney fees arising from all acts or omissions of Contractor or its officers, agents, or employees arising out of the performance of the work under this Contract, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the sole negligence or willful misconduct of the City.
8. Licensing. Contractor warrants that it is properly licensed to perform the work specified under this Agreement, including but not limited to possession of a current City business license.
9. Termination. City may terminate this Agreement upon ten days’ written notice. The amount of damages, if any, as a result of such termination may be decided by negotiations between the parties or before a court of competent jurisdiction.
10. Agency. In performing the services specified under this Agreement, Contractor is hereby deemed to be an independent contractor and not an agent or employee of City.
11. Non-Assignability. The rights and obligations of Contractor hereunder are not assignable and cannot be delegated without written consent of City.
12. Entire Agreement. This Agreement constitutes the entire Agreement between the parties hereto and supersedes any and all prior agreements, whether oral or written, relating to the subject matter thereof. Any modification of the Agreement will be effective only if it is in writing signed by both parties hereto.
13. Validity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way.
14. Counterparts. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts.
15. Laws. Contractor agrees that in the performance of this Agreement it will comply with all applicable State, Federal and local laws and regulations. This Agreement shall be governed by and construed in accordance with the laws of the State of California, County of Monterey, and City of Salinas.
IN WITNESS WHEREOF, this Agreement is entered into by the parties hereto on the day and year first written above.
CITY OF SALINAS CONTRACTOR
Steve Carrigan, City Manager Jesus Benitez, Chief Executive Officer APPROVED AS TO FORM:
Christopher A. Callihan, City Attorney, or
Rhonda Combs, Assistant City Attorney
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Benitez Security Services, Inc.
January 2023
Attachment A
Insurance Requirements
Contractor shall procure and maintain for the duration of the contract, and for three years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his/her/its officers, agents, representatives, employees, and/or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, on an annual basis.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Contractor requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Contractor shall cause the insurer to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the -7190436Ā.6:25782Ā/-)Ā.! !"(-#Ȁ.*'!Ȁ$$-"Ȁ* !Ȁ"%.&,-"$,+,$ Agreement for Services v. January 2021 Page 4 of 6
Benitez Security Services, Inc.
January 2023
Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.
4. A copy of the claims reporting requirements must be submitted by Contractor to the City.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractor’s Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractor’s Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including an additional insured endorsement and all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins.
However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Maintenance of Insurance
Maintenance of insurance by Contractor as specified shall in no way be interpreted as relieving Contractor of its indemnification obligations or any responsibility whatsoever and the Contractor -7190436Ā.6:25782Ā/-)Ā.! !"(-#Ȁ.*'!Ȁ$$-"Ȁ* !Ȁ"%.&,-"$,+,$ Agreement for Services v. January 2021 Page 5 of 6
Benitez Security Services, Inc.
January 2023
may carry, at its own expense, such additional insurance as it deems necessary.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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Benitez Security Services, Inc.
January 2023
Attachment B
Scope of Work
Schedule of Charges for Security Services and Equipment NUMBER OF SECURITY GUARDS: Three (3) (UNARMED)
HOURS OF GUARD SERVICE PER WEEK:
1) Security Officer 1: 168 hours
2) Security Officer 2: 168 hours
3) Security Officer 3: 168 hours
Total Hours: 504 a week
START DATE: Continued from Center for Independent Living Contract January 1, 2023 WEEKLY SCHEDULE:
1) Security Officer 1: Monday-Sunday
2) Security Officer 2: Monday-Sunday
3) Security Officer 3: Monday-Sunday
BILLING RATE(S):
• $36.00 Per hour: Unarmed Security Officer
• On Call Consultation services (Included at a discounted rate) • (2) Silvertrac Monthly reporting software licenses
• (2) Cellphone reporting devices (Included at no additional cost) • Radios, signs, and limited security equipment
(Monthly equipment fee will be applied to invoice)
OVERTIME RATE POLICY:
The Overtime rate is for each hour of service rendered by each Security Officer in excess of eight (8) hours on any single shift within a twenty-four (24) hour period or in excess of forty (40) hours in any single week. For each security officer who is required to appear in court or at a deposition as a witness as a result of an occurrence at City's facility, Company shall bill City at the overtime rate for the number of hours the Security Officer is required to be present in court, plus parking charges and travel time to court. Overtime shall be calculated at 1.5 times the regular billed hourly rate after the 8th hour and up to the 12th hour of any single shift. Overtime work completed by a guard on any single shift after the 12th hour shall be calculated at twice the hourly billed rate.
HOLIDAY RATE POLICY:
The holiday rate is for any services by each security guard on any of the following holidays:
New Year’s Day, Labor Day, Presidents Day, Veterans Day, Memorial Day, Thanksgiving Day, Independence Day, and Christmas Day. Holiday rate shall be calculated at 1.5 times the regular billed hourly rate.
POST ORDERS: Will be added below and agreed upon by company and City. -7190436Ā.6:25782Ā/-)Ā.! !"(-#Ȁ.*'!Ȁ$$-"Ȁ* !Ȁ"%.&,-"$,+,$ FUNDING AGREEMENT AMENDMENT No. 1
CITY OF SALINAS
AND
BENITEZ SECURITY SERVICES, INC.
FOR
SECURITY SERVICES FOR THE SALINAS MOTEL PROGRAM
(FORMALLY KNOWN AS THE ARPA/PRK MOTEL PROGRAM)
Agreement No. 22ARPA04
This Amendment No. 1 to the Original Funding Agreement is entered on April 6, 2023, between BENITEZ SECURITY SERVICES, INC. a California corporation (Hereinafter Contractor) and the CITY OF SALINAS, a California charter city and municipal corporation (City).
WITNESSETH
WHEREAS, the City and Benitez Security Services Inc. first entered into an Agreement for the Security Services for the Salinas Motel Program formally known as the ARPA/PRK Motel Program (Agreement) effective December 1, 2022, pursuant to which Benitez Security Inc. agreed to act as and provide certain services for compensation; and WHEREAS, the City and Benitez Security Services Inc. desire to amend the Agreement to extend funding term through August 31, 2023.
NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:
1. Section 3 entitled "Term” is revised to read as follows:
The work under this Agreement shall commence on January 1st, 2023, and shall be completed by August 31st, 2023, unless City grants a written extension of time as set forth in Section 2 above. This Agreement may be extended only upon mutual written consent of the parties on a month-to-month basis and may be terminated only pursuant to the terms of this Agreement.
2. All terms, covenants and conditions stated in the Original Funding Agreement, which are not herein amended, remain in full force and effect.
IN WITNESS HEREOF, the parties have executed this Amendment No. 1 effective as of the date shown above.
City of Salinas Grantee:
By: By:
Steven S. Carrigan., City Manager Jesus Benitez, Chief Executive Officer APPROVED AS TO FORM:
By:
Christopher A. Callihan, City Attorney
-82:1547Ā.7;36893Ā0-*Ā+(!&.%!#Ȁ ./#Ȁ$"--Ȁ)+.-Ȁ)"%&'$.#%'+,
AMENDMENT No. 2
AGREEMENT FOR SERVICES BETWEEN THE CITY OF SALINAS
AND BENITEZ SECURITY SERVICES, INC.
FOR
SECURITY SERVICES FOR THE SALINAS MOTEL PROGRAM
(FORMALLY KNOWN AS THE ARPA/PRK MOTEL PROGRAM)
Agreement No. 22ARPA04
This Amendment No. 2 is entered on June 13, 2023, between BENITEZ SECURITY SERVICES, INC. a California corporation (Hereinafter Contractor) and the CITY OF SALINAS, a California charter city and municipal corporation (City).
WITNESSETH
WHEREAS, the City and Benitez Security Services Inc. first entered into an Agreement for the Security Services for the Salinas Motel Program formally known as the ARPA/PRK Motel Program (Agreement) effective January 1, 2023, pursuant to which Benitez Security Inc. agreed to act as and provide certain services for compensation; and WHEREAS, the City and Benitez Security Services Inc. entered into Amendment No. 1 to the Agreement to extend funding term through August 31, 2023.
WHEREAS, the City and Benitez Security Services Inc. desire to amend the Agreement to extend funding term through March 31, 2024, and increase the agreement by $420,000 for a total maximum compensation to $906,000.
NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:
1. Section 3 entitled "Term” is revised to read as follows:
The work under this Agreement shall commence on January 1st, 2023, and shall be completed by March 31st, 2024, unless City grants a written extension of time as set forth in Section 2 above. This Agreement may be extended only upon mutual written consent of the parties on a month-to-month basis and may be terminated only pursuant to the terms of this Agreement.
2. First sentence of Section 4 entitled “Payment” is revised to read as follows:
City hereby agrees to pay and Contractor agrees to accept as full and fair consideration for the performance of this Agreement, a total amount of compensation not to exceed nine hundred and six thousand dollars ($906,000.00).
3. All terms, covenants and conditions stated in the Original Funding Agreement, and Amendment No. 1, which are not herein amended, remain in full force and effect.
IN WITNESS THEREOF, the parties have executed this Amendment No. 2 effective DocuSign Envelope ID: EEF54A6C-0670-46C8-8252-ABEB715746F7
as of the date shown above.
City of Salinas Grantee:
By: By:
Steven S. Carrigan., City Manager Jesus Benitez, Chief Executive Officer APPROVED AS TO FORM:
By:
Christopher A. Callihan, City Attorney
DocuSign Envelope ID: EEF54A6C-0670-46C8-8252-ABEB715746F7
AGREEMENT FOR SERVICES AMENDMENT No. 3
CITY OF SALINAS
AND
BENITEZ SECURITY SERVICES, INC.
FOR
SECURITY SERVICES FOR THE SALINAS MOTEL PROGRAM
Agreement No. 22ARPA04
This Amendment No. 3 to the original Agreement for Services (Agreement) is entered on March 27, 2024, between BENITEZ SECURITY SERVICES, INC. a California corporation (Contractor) and the CITY OF SALINAS, a California charter city and municipal corporation (City).
WITNESSETH
WHEREAS, the City and the Contractor first entered into an Agreement for the Security Services for the Salinas Motel Program formally known as the ARPA/PRK Motel Program (Agreement) effective January 1, 2023, pursuant to which Benitez Security Inc. agreed to act as and provide certain security services for compensation; and WHEREAS, on April 6, 2023, the City and Contractor entered into Amendment No. 1 to the Agreement to extend funding term through August 31, 2023, and WHEREAS, on June 13, 2023, the City and Contractor entered into Amendment No. 2 to the Agreement to extend the funding term through March 31, 2024, and increase the agreement by $420,000 for a total maximum compensation to $906,000; and WHEREASE, the City and Contractor desire to amend the Agreement to extend the funding term through April 30, 2024.
NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:
1. Section 3 entitled "Term” is revised to read as follows:
The work under this Agreement shall commence on January 1st, 2023, and shall be completed by April 30th, 2024, unless City grants a written extension of time as set forth in Section 2 above. This Agreement may be extended only upon mutual written consent of the parties on a month-to-month basis and may be terminated only pursuant to the terms of this Agreement.
2. All terms, covenants and conditions stated in the original Agreement for Services, Amendment No. 1, and Amendment No. 2 which are not herein amended, remain in full force and effect.
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IN WITNESS HEREOF, the parties have executed this Amendment No. 3 effective as of the date shown above.
City of Salinas Grantee:
By: By:
Jim Pia., Interim City Manager Jesus Benitez, Chief Executive Officer APPROVED AS TO FORM:
By:
Christopher A. Callihan, City Attorney
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AMENDMENT NO. 4
AGREEMENT FOR SERIVCES BETWEEN THE CITY OF SALINAS
AND BENITEZ SECURITY SERVICES, INC.
FOR
SECURITY SERVICES FOR THE SALINAS MOTEL PROGRAM
(FORMALLY KNOWN AS THE ARPA/PRK MOTEL PROGRAM)
Agreement No. 22ARPA04
This Amendment No. 4 to the original Funding Agreement is entered on May 1, 2024, between BENITEZ SECURITY SERVICES, INC. a California corporation (Hereinafter Contractor) and the CITY OF SALINAS, a California charter city and municipal corporation (City).
WITNESSETH
WHEREAS, the City and Benitez Security Services Inc. first entered into an Agreement for the Security Services for the Salinas Motel Program formally known as the ARPA/PRK Motel Program (Agreement) effective January 1, 2023, pursuant to which Benitez Security Inc. agreed to act as and provide certain services for compensation; and WHEREAS, the City and Benitez Security Services Inc. entered into Amendment No. 1 to the Agreement to extend funding term through August 31, 2023.
WHEREAS, the City and Benitez Security Services Inc. entered into Amendment No. 2 to the Agreement to extend funding term through March 31, 2024 WHEREAS, the City and Benitez Security Services Inc. entered into Amendment No. 3 to the Agreement to extend funding term through April 30, 2024 WHEREAS, the City and Benitez Security Services Inc. desire to amend the Agreement to extend funding term through June 30, 2024, and to increase the total not to exceed compensation amount by $159,237 for a total maximum compensation of $1,065,237.
NOW, THEREFORE, in mutual consideration of the terms and conditions set forth below, the Parties agree as follows:
1. Section 3 entitled "Term” is revised to read as follows:
The work under this Agreement shall commence on January 1, 2023, and shall be completed by June 30th, 2024, unless City grants a written extension of time as set forth in Section 2 above. This Agreement may be extended only upon mutual written consent of the parties on a month-to-month basis and may be terminated only pursuant to the terms of this Agreement.
2. First sentence of Section 4 entitled “Payment” is revised to read as follows:
City hereby agrees to pay and Contractor agrees to accept as full and fair consideration for the performance of this Agreement, a total amount of compensation not to exceed one million sixty five thousand two hundred thirty seven dollars and zero cents ($1,065,237.00).
DocuSign Envelope ID: 7881A8DF-EEFD-4D8D-AB71-FFAA8B354614